Terms and Conditions of Use
YOUR ACCEPTANCE OF THESE TERMS OF USE
Simplisk, Inc. ("Simplisk", "us" or "we") provides its content on Simplisk.com (the "Site") subject to these Terms and Conditions of Use ("Terms") and all applicable laws.
PLEASE READ THESE TERMS CAREFULLY AND THOROUGHLY. BY ACCESSING, BROWSING, REVIEWING AND/OR USING THE SITE, YOU ACCEPT THESE TERMS WITHOUT LIMITATION OR QUALIFICATION.
If you do not agree to these Terms, in part or in whole, immediately discontinue your use of the Site.
RIGHT TO CHANGE, MODIFY OR DELETE TERMS AND CONDITIONS
We reserve the right to add, change, modify and/or delete portions of the Terms at any time without prior notice. Please review the Terms periodically for changes. Your continued use of the Site signifies your full acceptance of all such changes or deletions.
PRIVACY
Please refer to our Privacy Policy for information regarding our collection, use and storage of visitor's information.
COPYRIGHT AND USE OF SITE CONTENT
This Site, including all of the information and functionality it contains such as, but not limited to, application designs, articles, case studies, graphics, images, guides, logos, opinions, reports, text, trade names, trademarks and website designs (collectively, the "Content"), is the exclusive property of Simplisk or its licensors and is protected from unauthorized copying and dissemination by U.S. and international Copyright law as well as other intellectual property laws. All rights not expressly granted are reserved. Certain portions of the Content displayed on the site may be owned by third-parties.
Simplisk allows for linking to Content on the Site but prohibits linking that (a) suggests that Simplisk promotes or endorses any third-party's causes, campaigns, products or services; (b) copies, displays disseminates or otherwise uses Content without Simplisk's, or applicable third-party owner's, written consent; or (c) uses the Content for commercial purposes. Furthermore, Simplisk reserves the right to withdraw permission for any link at any time without notice for any reason whatsoever.
Simplisk hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the Content on the Site on any single computer solely for your internal business use provided that you do not modify the Content in any way and that you retain all copyright and other proprietary notices displayed on the Content. You may not otherwise reproduce, modify, distribute, transmit, post or disclose any Content without Simplisk's prior written consent.
NOTICES OF INFRINGEMENT AND TAKEDOWN BY SIMPLISK
We prohibit the use of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property rights are infringed by any content on the Site, please contact us, giving a written statement that contains the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, daytime telephone number and an e-mail address, if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. We will remove any posted information that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ยง 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
NON-ENDORSEMENT
We do not represent or endorse the accuracy or reliability of any third-party Content displayed or otherwise distributed through the Site. We expressly disclaim any liability related to any such Content and you acknowledge that any reliance upon such Content shall be at your sole risk.
The Site may contain links to, or content from, other websites on the Internet that are owned and operated by third-parties. You acknowledge that we are not responsible for the quality, accuracy, safety, reliability or availability of content located on, or through, any third-party websites. You should contact the site administrator for any such website if you have any concerns regarding such links or third-party websites.
USER INFORMATION
We shall have the right to disclose certain limited user information including, but not limited to, the user's name, e-mail and mailing address to affiliates, partners and third-party vendors for the purpose of providing users with information about our products and services. We shall also have the right to disclose aggregate information about user's usage and demographics in a manner that does not reveal the personal identity of any individual user. We shall have the right to send you electronic mail to inform you of changes or additions to the Site or of any of our products and services. For additional information, see our Privacy Policy.
ACCESS TO, AND AVAILABILITY OF, THE SITE
The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, spyware or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software or data.
RESTRICTION, SUSPENSION OR TERMINATION
We reserves the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability.
We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database or content without prior notice or liability.
DISCLAIMER OF WARRANTIES
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT SIMPLISK IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLISK AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. SIMPLISK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER SIMPLISK NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Simplisk, and all of its predecessors, successors, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "Simplisk Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Simplisk or any Simplisk Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of these Terms, or the representations, warranties and covenants you made by agreeing to these Terms.
GOVERNING LAW / JURISDICTION
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.