The following Service Terms govern your use of Simperium (the “Service”). The Service is offered by Automattic Inc. (“Automattic”) subject to your acceptance of all of the Service Terms, and your payment of the Subscription Fee detailed on your Subscription Form (together with these Service Terms, the “Agreement”).
This Agreement does not transfer from Automattic to you any Automattic or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Automattic.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your login and password secure.
We may make modifications to the Service that do not materially degrade your level of service. We may also make changes to the legal terms under which we offer the Service.
If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using the Service within the designated notice period. Your continued use of the Service will be subject to the new terms.
You may not:
Automattic may terminate your access to all or any part of the Services (i) with or without notice, effective immediately, if you violate any of the Service Rules (above) or (ii) for any reason on 30 days’ written notice.
This Agreement and any access to or use of the Service will be governed by the laws of the state of California, excluding its conflict of law provisions. The venue for any disputes arising out of or relating to this Agreement or the Service will be the state and federal courts located in San Francisco County, California.
This Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by both parties, or by the posting by Automattic of a revised version.