Agreement between user and JonathanSimkhai.com
Welcome to JonathanSimkhai.com. The JonathanSimkhai.com website (the "Site") is comprised of various web pages operated by Jonathan Simkhai ("Jonathan Simkhai"). JonathanSimkhai.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of JonathanSimkhai.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting JonathanSimkhai.com or sending emails to Jonathan Simkhai constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, SMS, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Jonathan Simkhai is not responsible for third party access to your account that results from theft or misappropriation of your account. Jonathan Simkhai and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Jonathan Simkhai does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use JonathanSimkhai.com only with permission of a parent or guardian.
Links to third party sites/Third party services
JonathanSimkhai.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Jonathan Simkhai and Jonathan Simkhai is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jonathan Simkhai is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jonathan Simkhai of the site or any association with its operators.
Certain services made available via JonathanSimkhai.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the JonathanSimkhai.com domain, you hereby acknowledge and consent that Jonathan Simkhai may share such information and data with any third party with whom Jonathan Simkhai has a contractual relationship to provide the requested product, service or functionality on behalf of JonathanSimkhai.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Jonathan Simkhai or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Jonathan Simkhai content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Jonathan Simkhai and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Jonathan Simkhai or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Jonathan Simkhai from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Jonathan Simkhai Content accessed through JonathanSimkhai.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Jonathan Simkhai, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jonathan Simkhai reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jonathan Simkhai in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JONATHAN SIMKHAI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JONATHAN SIMKHAI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
Jonathan Simkhai reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jonathan Simkhai as a result of this agreement or use of the Site. Jonathan Simkhai's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jonathan Simkhai's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jonathan Simkhai with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jonathan Simkhai with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jonathan Simkhai with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Jonathan Simkhai reserves the right, in its sole discretion, to change the Terms under which JonathanSimkhai.com is offered. The most current version of the Terms will supersede all previous versions. Jonathan Simkhai encourages you to periodically review the Terms to stay informed of our updates.
Jonathan Simkhai welcomes your questions or comments regarding the Terms: Jonathan Simkhai
653 N. La Cienega Blvd., West Hollywood CALIFORNIA 90069
Telephone number: (424) 284 - 3071
Effective as of January 01, 2017