Legal Notes and Privacy Policy

    LEGAL NOTICES AND PRIVACY POLICY

    TERMS AND CONDITIONS

    This website (the "Site"), is published and maintained by subsidiaries,
    affiliates, and/or related entities of SIM2 Multimedia S.p.A. ("SIM2").
    By proceeding, accessing and browsing the Site, you indicate your acknowledgement
    and acceptance, without limitation or qualification, of these binding terms
    and conditions. If you do not agree to these terms and conditions, please do
    not use this Site. Those who choose to access this Site from location other
    than Italy do so on their own initiative and are responsible for complains
    with local laws if, and to the extent, local laws are applicable.

    Use of the Site and Its Contents

    Unless otherwise specified, the Site is for your personal and non-commercial
    use. SIM2 grants you a non-exclusive, non-transferable, limited right to
    enter, display, and use this Site. You may not modify, copy, distribute,
    transmit, display, perform, reproduce, publish, license, create derivative
    works from, transfer, or sell any information, software, text, image, audio,
    and video products or services obtained from the Site without the advance
    express written permission of SIM2. The use of the Site is subject to compliance
    with the following terms and conditions (“Terms
    and Conditions
    ). You
    acknowledge and agree that SIM2 may terminate your access to the Site, should
    you fail to comply with the Terms and Conditions or any other guidelines
    and rules published by SIM2. Any such termination shall be in SIM2's sole
    discretion and may occur without prior notice, or any notice. SIM2 further
    reserves the right to terminate any user's access to the Site for any conduct
    that SIM2, in its sole discretion, believes is or may be directly or indirectly
    harmful to other users, to SIM2 or its subsidiaries, affiliates, or business
    contractors, or to other third parties, or for any conduct that violates
    any local, state, or foreign laws or regulations. SIM2 further reserves the
    right to terminate any user's access to the Site for any reason or for no
    reason at all, in SIM2's sole discretion, without prior notice, or any notice.

    Copyright

    The entire content in this Site, including, but not limited to text, graphics,
    audio, images, software, and video clips (the "Content"), is protected
    by copyright under Italian copyright law, international conventions, and
    other copyright laws, and is property of SIM2. You cannot use the Content,
    except as specified herein. You agree to follow all instructions on this
    Site limiting the way you may use the Content.

    You may download only one (1) copy of the Content to be used only by you for
    your personal use at home, unless the subsite you are accessing states that
    you may not. Any other use, including, but not limited to the reproduction,
    distribution, display, or transmission of the content of this Site is strictly
    prohibited. If you download any Content from this Site, you agree not to change
    or delete any proprietary, copyright or trademark notices from the materials
    downloaded from the Site.

    Trademark

    All trademarks, service marks, word marks, trade names and logos (collectively “Marks”)
    of SIM2 used on this Site (including but not limited to the “SIM2” name)
    are trademarks or registered trademarks of SIM2 and/or its affiliates and/or
    its business partners. Nothing contained on the Site should be construed as
    granting any licence or right of use any Marks displayed on the Site without
    the written permission of SIM2 or of their rightful owners. The use of the
    Marks on any other website or network computer environment, without the express
    written consent of SIM2, is strictly prohibited. Any unauthorised use of the
    Marks may violate copyright laws, trademark laws, the laws of privacy and publicity,
    and civil and criminal statutes.

    User-Supplied Material

    The Site may contain e-mail services, bulletin board services, chat areas,
    news groups, forums, groups, personal web pages, calendars, photo albums,
    file cabinets and/or other message or communication facilities designed to
    enable you to communicate with others (collectively, "Communication
    Services
    "). You agree to use the Communication Services only to post,
    send and receive messages and material that are proper and, when applicable,
    related to the particular Communication Service. By way of example, and not
    as a limitation, you agree that when using a Communication Service, you will
    not:

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal
    rights (such as rights of privacy and publicity) of others.

    • Publish, post, upload, distribute or disseminate any inappropriate, profane,
    defamatory, obscene, indecent or unlawful topic, name, material or information.

    • Upload, or otherwise make available, files that contain images, photographs,
    software or other material protected by intellectual property laws, including,
    by way of example, and not as limitation, copyright or trademark laws (or by
    rights of privacy or publicity) unless you own or control the rights thereto
    or have received all necessary consents to do the same.

    • Use any material or information, including images or photographs, which
    is made available through the Site in any manner that infringes any copyright,
    trademark, patent, trade secret, or other proprietary right of any party.

    • Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted
    files, or any other similar software or programs that may damage the operation
    of another's computer or property of another.

    • Advertise or offer to sell or buy any goods or services for any business
    purpose, unless such Communication Service specifically allows such messages.

    • Falsify or delete any author attributions, legal or other proper notices
    or proprietary designations or labels of the origin or source of software or
    other material contained in a file that is uploaded.

    • Restrict or inhibit any other user from using and enjoying the Communication
    Services.

    • Violate any code of conduct or other guidelines which may be applicable
    for any particular Communication Service.

    • Harvest or otherwise collect information about others, including e-mail
    addresses.

    • Violate any applicable laws or regulations.

    • Create a false identity for the purpose of misleading others.

    • Use, download or otherwise copy, or provide (whether or not for a fee)
    to a person or entity any directory of users of the Site or other user or usage
    information or any portion thereof.

    SIM2 has no obligation to monitor the Communication Services. However, SIM2
    reserves the right to review materials posted to a Communication Service and
    to remove any materials in its sole discretion. SIM2 reserves the right to
    terminate your access to any or all of the Communication Services at any time,
    without notice, for any reason whatsoever.

    SIM2 reserves the right at all times to disclose any information as SIM2 deems
    necessary to satisfy any applicable law, regulation, legal process or governmental
    request, or to edit, refuse to post or to remove any information or materials,
    in whole or in part, in SIM2's sole discretion.

    SIM2 does not control or endorse the content, messages or information found
    in any Communication Service and, therefore, SIM2 specifically disclaims any
    liability with regard to the Communication Services and any actions resulting
    from your participation in any Communication Service. Managers and hosts are
    not authorised SIM2 spokespersons, and their views do not necessarily reflect
    those of SIM2.

    Materials uploaded to a Communication Service may be subject to posted limitations
    on usage, reproduction and/or dissemination, you are responsible for adhering
    to such limitations if you download the materials.

    SIM2's Rights to User's Material

    If you send any communications or materials to the Site by electronic mail
    or otherwise, including, without limitation, any comments, data, and/or any
    kind of related messages, questions, suggestions, all such communications
    are, and will be treated as, non-confidential and non-proprietary. Thus,
    you give up any claim that any use of such material conflicts with any of
    your rights including moral rights, privacy rights, proprietary or other
    property rights, publicity rights, rights to credit for material or ideas,
    or any other right, including the right to approve the way SIM2 uses such
    material.

    Any material submitted to this Site may be adapted, broadcast, changed, copied,
    disclosed, licensed, performed, posted, published, sold, transmitted, or used
    by SIM2 anywhere in the world, in any medium, forever. However, SIM2 is free
    to use, without any compensation to you, any concepts, ideas, know-how, or
    techniques contained in any communication you send to the Site for any purpose
    whatsoever, including but not limited to developing, manufacturing, and marketing
    products using such information. However, you agree and understand that SIM2
    is not obligated to use any such ideas or materials, and you have no rights
    to compel such use.

    Links to Other Internet Sites

    The Site may contain images of and links to third party Web sites ("Linked
    Sites
    "). The Linked Sites are not under the control of SIM2 and SIM2 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. SIM2 is not responsible for webcasting or any other form of transmission
    received from any Linked Site nor is SIM2 responsible if the Linked Site is
    not working appropriately. SIM2 is providing these links to you only as a convenience,
    and the inclusion of any link does not imply endorsement by SIM2 of the site
    or any association with its operators. You are responsible for viewing and
    abiding by the privacy statements and terms of use posted at the Linked Sites.

    Any dealings with third parties (including advertisers) included within the
    Site or participation in promotions, including the delivery of and the payment
    for goods and services, and any other terms, conditions, warranties or representations
    associated with such dealings or promotions, are solely between you and the
    advertiser or other third party. SIM2 shall not be responsible or liable for
    any part of any such dealings or promotions and shall not be liable for any
    damages to, or viruses, Trojan horses and other items of a destructive nature
    that may infect your computer equipment or other property on account of your
    access to, use of, or browsing in any Linked Site or your downloading of any
    materials, data, text, images, video, or audio from any Linked Site.

    Contest

    Should the Site contain contests that offer prizes or that require you to send
    information about yourself, you shall read and agree their own rules before
    enter.

    Typographical Errors

    The information, software, products, and services included in or available
    through the Site may include inaccuracies or typographical errors.

    In the event a SIM2 product is listed at an incorrect price due to typographical
    error or error in pricing information received from our suppliers, SIM2 shall
    have the right to refuse or cancel any orders placed for products listed at
    the incorrect price. SIM2 shall have the right to refuse or cancel any such
    orders whether or not the order has been confirmed and your credit card has
    already been charged. If your credit card has already been charged for the
    purchase and you order is cancelled, SIM2 shall issue a credit to your credit
    card account in the amount of the incorrect price.

    Kids (Under Age 16)

    Kids under 16 years old (“Kids”) should ask their parents or guardian
    before buying anything online, sending in any information, joining any club
    or group, posting any information on any bulletin board or entering any chatroom.
    Kids should also ask their parents or guardian before e-mailing the Site, or
    asking us to e-mail anything to them, or entering any contest or game that
    requires information about them or offers a prize.

    Availability of Products and Services

    Services and products displayed on the Site may not be available for purchase
    everywhere and at anytime. You should check with your local SIM2 authorised
    representative for the availability of specific products and services in
    your area.

    Indemnification

    You agree to defend, indemnify, and hold SIM2 and our partners, agents, officers,
    directors, employees, subcontractors, successors, assigns, third party suppliers
    of information and documents, advertisers, product and service providers,
    and affiliates (collectively, "Affiliated Parties") harmless from
    and against any and all liability, loss, claim and expense related to your
    violation of these Terms and Conditions of Use or the foregoing representations,
    warranties, and covenants.

    You will co-operate as fully as reasonably required in SIM2's defence of any
    claim. SIM2 reserves the right, at its own expense, to assume the exclusive
    defence and control of any matter otherwise subject to indemnification by you
    and you shall not in any event settle any matter without the written consent
    of SIM2.

    Non-transferrable.

    Your right to use the Site is not transferable or assignable. Any password
    or right given to you to obtain information or documents is not transferable
    or assignable.

    Disclaimer of Warranties and Damages.

    YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED "AS IS" WITH
    NO WARRANTIES WHATSOEVER.

    TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS
    SITE SIM2 AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
    SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
    HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
    AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
    SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
    WARRANTY OF ANY KIND. SIM2 AND/OR ITS AFFILIATED PARTIES HEREBY DISCLAIM ALL
    WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
    SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
    OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
    AND NON-INFRINGEMENT.

    YOU SPECIFICALLY AGREE THAT SIM2 SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED
    ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA
    SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
    THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT SIM2 IS NOT RESPONSIBLE OR LIABLE
    FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT
    OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
    PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SIM2 IS NOT RESPONSIBLE FOR ANY
    CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY.

    Limitation of Liability.

    IN NO EVENT SHALL SIM2 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
    PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
    INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
    ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
    SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
    PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
    PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
    ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
    STRICT LIABILITY OR OTHERWISE, EVEN IF SIM2 OR ANY OF ITS SUPPLIERS HAS BEEN
    ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
    DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
    INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
    DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF
    USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

     

    PRIVACY POLICY

    SIM2 is committed to protecting your privacy.

    This Site is designed for you, the customer, and your interests. It is SIM2's
    goal to assist you and make your online experience at SIM2.com as informative
    and pleasurable as possible. SIM2 has created this privacy statement in order
    to demonstrate our firm commitment to individual privacy.

    This notice describes our privacy practises. By purchasing a product or service,
    submitting a warranty card, participating in our websites, or otherwise providing
    us with your Personally Identifiable Information, meaning individually identifiable
    information such as your e-mail address, name, mailing address, telephone number,
    social security number, credit card number which is associated with individually
    identifiable information (“PII”), you are accepting the practises
    described in this Privacy Policy. These terms and conditions are subject to
    change from time to time, so you should review them for changes periodically.
    If we decide to materially change our privacy policy, your continued use of
    the SIM2 Website constitutes your agreement to any such changes. Please note
    that anonymous data from which you cannot be identified is excluded from the
    restrictions described in this Privacy Policy.

    Your Privacy

    The guidelines contained herein only apply to your visits to www.sim2.com,
    which is operated by SIM2. Other websites which are linked to/from www.sim2.com
    (including other SIM2 affiliates, other SIM2 websites, and via banner ads)
    may have different policies; therefore, please review the privacy policy
    notices on those websites for details.

    While SIM2 does not generally require that you provide us with PII in order
    to visit and use the SIM2 websites, please note that in order to participate
    in some activities, it will be necessary for you to provide this information.
    If you choose not to provide it for those activities, you may not be able to
    participate in them.

    SIM2’s use of the information that
    you provide


    Use of Cookies

    SIM2 might uses "cookies" to help you personalise your online experience.
    A cookie is a text file that is placed on your hard disk by a Web page server.
    Cookies cannot be used to run programs or deliver viruses to your computer.
    Cookies are uniquely assigned to you, and can only be read by a web server
    in the domain that issued the cookie to you.

    One of the primary purposes of cookies is to provide a convenience feature
    to save you time. For example, if you personalise SIM2's pages, or register
    with SIM2 sites or services, a cookie helps SIM2 to recall your specific information
    on subsequent visits. This simplifies the process of recording your PII, such
    as billing addresses, shipping addresses, and so on. When you return to SIM2,
    the information you previously provided can be retrieved, so you can easily
    use the SIM2 features that you customised.

    You have the ability to accept or decline cookies. Most Web browsers automatically
    accept cookies, but you can usually modify your browser setting to decline
    cookies if you prefer. However, if you block or erase cookies, we may not be
    able to restore any preferences or customisation settings you previously specified,
    and our ability to personalise your online experience would be limited. Please
    refer to your browser instructions or "help" screen to learn more
    about these functions.

    Use of Web Beacons

    SIM2 Web pages may contain electronic images known as Web beacons - sometimes
    called single-pixel gifs - that allow SIM2 to count users who have visited
    those pages and to deliver co-branded services. SIM2 may include web beacons
    in promotional e-mail messages or SIM2 Newsletters in order to count how many
    messages have been opened and acted upon. Web beacons are not used to access
    your PII on the SIM2 network of sites and services; they are a technique we
    use to compile aggregated statistics about SIM2 Web site usage.

    Web beacons collect only a limited set of information including a cookie number,
    time and date of a page view, and a description of the page on which the Web
    beacon resides. SIM2 Web pages may also contain Web beacons placed there by
    third parties to help determine the effectiveness of our joint promotional
    or advertising campaigns

    Furthermore, SIM2 may ask you to provide PII to enable you to fill out a registration,
    to participate in contests, chatrooms, on bulletin boards, or to order products
    and services using this Site. SIM2 may combine the information you provide
    on our websites with other information we may collect from you offline or from
    third parties so that we can more effectively tailor our website, services,
    and offerings to you. If you provide SIM2 with PII, you shall have the right,
    to inspect, change, amend, or delete such information as specified in paragraph “Consent
    to Processing”.

    Exceptions

    Unless it is for the purposes you have requested or originally agreed, SIM2
    will not share the PII you provide on the Site with any other parties, except
    (a) with your consent; (b) as may be required by law or court order; (c) to
    persons or companies with whom SIM2 contracts to carry out the internal operations
    of the website or our business; or (d) under exigent circumstances to protect
    the personal safety or property of our users, the public, or ourselves.

    With your prior consent

    SIM2 may share, with your prior consent, your PII with other affiliated SIM2
    companies -- i.e., (i) any company of which more than 50% of its outstanding
    shares are owned by SIM2, directly or indirectly, or (ii) any company with
    the name "SIM2" as a part of its trade name -- who may want to contact
    you about products, services, or other offerings that may be of interest to
    you. Additionally, only with your consent, SIM2 may share your PII with specific
    third parties outside of the SIM2 group of companies who may want to contact
    you about products, services, or other offerings that may be of interest to
    you.

    Please consult the respective privacy policies of each of these companies for
    information as to their own privacy policy. If you consent to receiving communications
    from any of these affiliated SIM2 companies, or third parties, you will need
    to communicate with them directly if you later decide that you no longer wish
    to receive their communications. Until we advise you, except as indicated above
    for the initial decision made with your consent to share your PII with SIM2
    affiliates and/or specific third parties outside of the SIM2 group of companies,
    changes or amendments to your PII must be given both to SIM2 and to each such
    SIM2 affiliate or other company directly, as these changes, amendments, and/or
    deletions will not be exchanged among SIM2 and other SIM2 affiliates or third
    parties.

    Anonymous Information

    Anonymous Information" refers to information that cannot be tied
    back to a specific individual such as, but not limited to, visitors' hobbies,
    interests, purchasing habits, music and preferences. For instance, we may know
    that 10,000 people visit this Privacy Policy today, but we do not necessarily
    know their names, where they live, or their date of birth. SIM2 may aggregate,
    collect, and maintain Anonymous Information about the visitors to our websites.
    SIM2 may share such information about our visitors with advertisers, business
    partners, sponsors, and other third parties; for example, to inform them about
    the percentage of visitors within a particular age range or about the percentage
    of male/female visitors.

    Security

    SIM2 operates secure data networks protected by industry standard firewall
    and password protection systems. Our security and privacy policies are periodically
    reviewed and enhanced as necessary, and only authorised individuals have
    access to the information provided by our users. SIM2 takes steps to ensure
    that your information is treated securely and in accordance with our Terms
    and Conditions and this Privacy Policy. Unfortunately, no data transmission
    over the Internet can be guaranteed secure. As a result, while we strive
    to protect your PII, we cannot guarantee the security of any information
    you transmit to us or from our online products or services, and you use these
    services at your own risk.

    Credit card numbers are used only for processing payment and are not used for
    other purposes. However, sending a message to SIM2 does not cause SIM2 to have
    any special responsibility to you.

    Children (Under the Age of 13)

    SIM2 does not knowingly collect or solicit Personally Identifiable Information
    from or about children under 13 except as permitted by law. If we discover
    we have received any information from a child under 13 in violation of this
    policy, we will delete that information immediately. If you believe SIM2
    has any information from or about anyone under 13, please contact us at the
    address listed below.

    A parent can review and have deleted the child's personal information, can
    refuse to permit further collection or use of the child's information, and
    can revoke or limit consents previously given. For instructions on how to do
    so, please send an e-mail to: info@sim2.it.

    Consent to Processing

    By providing any PII to the Site, all users fully understand and unambiguously
    consent to the collection and processing of such information in Italy. SIM2
    manages its customer's personal data according to Italian law n° 675
    dated 31 December, 1996 concerning personal data protection issued to execute
    the Directive 95/46/EC of the European Communities You can always exercise
    your rights in accordance to art. 13 of the above-mentioned law.

    Changes to the Terms and Conditions, to the Content and to the Privacy Policy
    of this Site

    SIM2 may modify, remove, or add to, any part of the Terms and Conditions of
    Use of this Site, as well as any part of its Privacy Policy at any time, without
    notice. Any changes thereof or any terms posted on this Site apply as soon
    as they are posted. By continuing to use this Site after any changes are posted,
    you are indicating your acceptance of those changes. SIM2 may add, modify,
    discontinue, remove, or suspend any other Content posted on this Site, including
    features and specifications of products described or depicted on the Site,
    temporarily or permanently, at any time, without notice and without liability.

    Questions

    Should you have any questions or comments about our PII practices or about
    this privacy statement, please do not hesitate to send us an e-mail at info@sim2.it
    or to send snail mail to Webmaster, SIM2 Viale Lino Zanussi, 11, Pordenone,
    Italy.

    For any Customer Service issues with products or services by SIM2 or by other
    SIM2 Divisions please visit our Help Page in the Service & Support area
    of the web site which includes links to Customer Service and Support for these
    divisions.

    To report any technical problems with this website, you can e-mail us at: info@sim2.it
    or send snail mail to Webmaster, SIM2 Viale Lino Zanussi, 11, Pordenone, Italy.