Siimple

Terms and Conditions

The following terms and conditions govern all use of the GetSiimple.com website (the “Website”) and all content, services and products available at or through the Website, including, but not limited to, the Siimple software ("Software") and the GetSiimple.com hosted service ("Hosted Service"), (collectively, the “Services”). The Services are owned and operated by the Siimple (“Siimple”, "we", "us" or "our"). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Siimple's privacy policy and Data Processing Agreement under the European General Data Protection Regulation) and procedures that may be published from time to time on the Website by Siimple and which are incorporated herein by reference (collectively, the "Agreement").

Please read this Agreement carefully before accessing the Website or using the Services. By accessing the Website or using the Services or any part thereof, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Siimple, acceptance is expressly limited to these terms. The Website and Services are available only to individuals who are at least 13 years old.

Violation of any of the terms below will result in the termination of your account. You agree to use the Website and Services at your own risk.

1. Your Siimple Account

If you create a user account to avail yourself of the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. If you create a site using our Services, you must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Siimple may at its sole and unfettered discretion change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Siimple liability. You must immediately notify Siimple of any unauthorized access to or activity on your account, your site, or any other breaches or suspected breaches of security. Siimple will not be liable for any acts or omissions by you or in connection with your site and your account, whether authorized or unauthorized, including any actions, proceedings, claims, damages, liabilities, charges, losses, or costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied).

2. Responsibility of Users

2.1 User-Generated Content

Siimple allows users to publish Content using its Services. “Content” includes but is not limited to text, graphics, documents, photographs, images, music, audio files, video files, information, data records, computer software, and any other form of digital or electronic files or data.

If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of our Services, you are creating or making available Content (“Your Content”).

Rights to Your Content: You represent and warrant that you own or otherwise have all the necessary rights to provide Your Content submitted to the Services, whether directly or indirectly, and represent and warrant that Your Content is accurate, non-confidential, and that it does not and will not infringe any intellectual property rights or personal data rights of any third party.

Grant of license: By submitting Your Content to Siimple's Services, you grant Siimple a perpetual, irrevocable, world-wide, sublicensable, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting your site.

Waiver of rights: You understand and agree to waive any rights you may have against Siimple, our assignees, sublicensees, and their assignees, in relation to the use of Your Content in connection with the provision of the Services.

Deletion of Content: If you delete Your Content, Siimple will use reasonable efforts to remove it from your site, but you acknowledge that caching or references to Your Content may not be made immediately unavailable.

Backups: You are solely responsible for securing and backing up Your Content.

Exclusion of liability: You are entirely responsible for the content of, and any harm resulting from, Your Content. We take no responsibility and shall assume no liability for Your Content.

2.2 Prohibitions

By using any Service, you agree not to do, or permit others to do, any of the following:

  1. Through the Website, your site, or using our Services, transmit, distribute, post, store, link, or otherwise traffic in Content that you believe or have reasonable grounds to suspect:
    • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity;
    • invades any individual’s rights of privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
    • is fraudulent, false, misleading, deceptive, untruthful or inaccurate;
    • is defamatory or libellous; is offensive, profane, contains or depicts pornography that is in breach of applicable laws and regulations;
    • promotes discrimination, bigotry, racism, hatred, harassment, abuse or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person;
    • promotes illegal or harmful activities or substances in breach of applicable laws and regulations
  2. Send any unauthorized or unsolicited advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  3. Use, display, mirror or frame any Service or any individual element within a Service, the Siimple name, the name of any Service, any Siimple trademark or trademark of any Service, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Siimple’s express written consent;
  4. Access, tamper with, or use non-public areas of any Service, Siimple’s computer systems, or the technical delivery systems of Siimple or our providers;
  5. Attempt to probe, scan, or test the vulnerability of any Service or Siimple’s network, or breach any of Siimple’s security or authentication measures;
  6. Make use of any Service in a way that places excessive burdens on the network & systems or interferes with our ability to provide services to other customers;
  7. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Siimple or any of our providers or any other third party (including another user) to protect the Services or data stored on our Services (including Content);
  8. Attempt to access or search any Service, or download without authorization data (including Content) from any Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by Siimple or by other generally available third-party web browsers;
  9. Use any meta tags, hidden text or metadata utilizing a Siimple or Service trademark, logo, URL, or product name without Siimple’s express written consent;
  10. Use any Service or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
  11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any Service to send altered, deceptive or false source-identifying information;
  12. Except as authorized, attempt to decipher, decompile, disassemble or reverse engineer any of the software or systems used to provide the Services;
  13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Siimple or the Services;
  14. Collect or store any personal data from the Services or Siimple, or from other users of our Services, for any reason whatsoever, including anyone’s identification documents or sensitive financial information;
  15. Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including any of Siimple’s employees or representatives;
  16. Violate any applicable law or regulation;
  17. Carry out any act that is otherwise inappropriate as determined by Siimple in its sole and unfettered discretion; or
  18. Encourage or enable any other individual to do any of the foregoing.

2.3 Reserved Rights

Without prejudice to any other rights that Siimple may have at law or in equity, Siimple has the right (though not the obligation) to, in its sole and unfettered discretion:

  1. Refuse or remove any Content (including Your Content) that, in Siimple’s opinion, violates any Siimple policy or is in any way harmful or objectionable;
  2. Remove or disable access your access to the Services if, in Siimple’s opinion, you have violated of the terms of this Agreement, or that harm has or will be done to Siimple or the Services;
  3. Investigate and prosecute any violations of the prohibited actions at clause 2.2 (Prohibitions) above to the fullest extent of the law;
  4. At any time, involve and cooperate with enforcement authorities in prosecuting users who violate the terms of this Agreement;
  5. Cancel unconfirmed accounts or accounts that have been inactive for a long time;
  6. Modify or discontinue the Services;
  7. Disclose your identity to any third party claiming that Your Content constitutes a violation of their intellectual property rights, or of their rights to privacy;
  8. Terminate or deny access to and use of the Services to any individual or entity at any time and for any reason. Siimple will have no obligation to provide a refund of any amounts previously paid.

Siimple shall have no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content. However, we shall have the right to review, edit, delay, or remove Your Content for the purpose of operating the Services, to ensure your compliance with the terms of this Agreement, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body.

3. Payment and Renewal

3.1. General Terms

Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Siimple the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

3.2. Automatic Renewal

Unless you notify Siimple before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site's dashboard.

3.3 Refund Policy

Unless indicated otherwise at the explicit discretion of Siimple, all sales are final and no refunds are provided for any products or services provided. Any sales made via the GetSiimple.com Marketplace are subject to the refund policy of their respective owners.

4. Responsibility of Website Visitors

Siimple has not reviewed, and cannot review, all of the Content, including computer software, made available through our Services, and cannot therefore be responsible for that Content. Siimple makes no representations, warranties or guarantees, whether express or implied, that Content is accurate, complete or up to date, that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Siimple disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, copying or use by those visitors of Content there posted. The views expressed by other users on our Website or through our Services do not represent our views or values.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through third party websites and webpages to which GetSiimple.com links, or that link to GetSiimple.com. Siimple does not have any control over third party websites and webpages, and is not responsible for their contents or use. By linking to a third party website or webpage, Siimple does not represent, warrant, guarantee, or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Siimple disclaims any responsibility for any harm resulting from your access or use of third party websites and webpages.

6. Copyright Infringement and DMCA Policy

As Siimple asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GetSiimple.com violates your copyright, you are encouraged to notify Siimple via our contact page. Siimple will respond to all valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Siimple will terminate a user's access to and use of our Services if the user is determined, at Siimple’s sole and unfettered discretion, to be a repeat infringer of the copyrights or other intellectual property rights of Siimple or others.

7. Intellectual Property

All intellectual property rights in the Services, including trademarks, service marks, graphics and logos used in connection with the Services, belong to Siimple or Siimple’s licensors.

Siimple retains all right, title and interest in and to all of its intellectual property rights, including but not limited to all intellectual property rights in connection with “Siimple”, “Siimple”, “GetSiimple.com”, and the Siimplelogo device. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties.

Nothing in this Agreement transfers to you any right, interest, or ownership in any intellectual property, or extends to you any license of any intellectual property, including any right or license to reproduce or otherwise use any trademark.

Siimple and any third party proprietors of intellectual property rights used in connection with the Website or Services shall each retain ownership of their respective intellectual property rights.

8. Marketplace Products

By using a product from the GetSiimple.com Marketplace, you agree to the creator's terms of service. You can opt out of their terms of service at any time by ceasing to use the product in question.

9. Domain Names

Siimple works in cooperation with partners to ensure that you are able to use your own domain name with your GetSiimple.com site. By using a domain from one of Siimple's partners you agree to the partner's terms of service.

10. Changes

Siimple reserves the right, at its sole and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Siimple may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination

Siimple may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GetSiimple.com account (if you have one), you may simply discontinue using the Website and our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including ownership of intellectual property rights, warranty disclaimers, indemnities and limitations of liability.

12. Disclaimers

The Services are provided "as is". Siimple and its suppliers and licensors hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Siimple nor its suppliers and licensors, makes any warranty that the Services will be accurate, error free, or that access thereto will be continuous or uninterrupted. You understand that you use, download from, or otherwise obtain benefits through, the Services at your own discretion and risk.

13. Limitation of Liability

In no event will Siimple, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Siimple shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Without prejudice to the above and to the extent permitted by law, in the event that Siimple is found to be liable to you in any way, such liability will be limited to the amount of fees paid by you to Siimple under this agreement during the twelve (12) month period prior to the cause of action.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, including the Siimple Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data exported from your country of residence) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You hereby agree to indemnify Siimple and its contractors, licensors, and their respective directors, officers, employees and agents, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Siimple arising out of or in connection with any breach of the warranties contained in this Agreement, your breach or negligent performance or non-performance of this Agreement, the enforcement of this Agreement, and any claim made against Siimple (including but not limited to actual or alleged infringement of a third party's intellectual property rights) arising out of or in connection with your Content.

16. Miscellaneous

This Agreement constitutes the entire agreement between Siimple and you concerning the subject matter hereof. The Agreement and these conditions shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid, illegal, or unenforceable, the remaining terms and provisions shall not be affected by such invalidity, illegality, or unenforceability, and shall remain in full force and effect, and such invalid, illegal, or unenforceable term or provision shall be deemed not to be part of these terms. The failure of either party to enforce at any time a term or condition of this Agreement shall in no way be interpreted as a waiver of such term or condition, or any subsequent breach thereof. You may assign your rights under this Agreement to any party that agrees to the terms of this Agreement in writing; Siimple may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

17. Additional Terms

If you avail yourself of any Additional Services provided by Siimple, the additional terms below shall apply to in relation to the respective Additional Service provided to you.

Exclusion and limitation of liability: Without prejudice to Clause 13 and for the avoidance of doubt, Siimple shall not be liable for any liabilities, costs, expenses, damages including special damages, and losses(including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses (collectively, “Losses”), that may arise in the course of or in connection with Siimple's provision of data migration assistance or in relation to loss of data or planned or unplanned down-time of any Services provided by Siimple. You understand and agree that you request Siimple's assistance with data migration at your own risk.

If you find a GetSiimple.com account which you believe violates our terms of service, please contact us immediately and let us know.

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