This contract sets out your rights and responsibilities when you use SimplytheBest.net, our mobile apps, and any other services provided by SimplytheBest, so please read it carefully. By using any of our Services (or just browsing one of our websites), you’re agreeing to these Terms and specific terms that depend to how you use the Services. If you don’t agree with any of these Terms, you may not use our Services.
YOUR ACCOUNT WITH SIMPLYTHEBEST
You may create an account with SimplytheBest Games to use some of our Services. Here are a few rules about accounts with SimplytheBest and SimplytheBest Games:
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use SimplytheBest Games or other Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.
- Be honest with us. Provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates our Terms.
- You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
YOUR USE OF OUR SERVICES
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services — subject to the Terms and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. F.e. it’s your responsibility to obtain any permits or licenses that your store requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws, you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against SimplytheBest, another SimplytheBest user, or a third party.
- Pay Your Bills. You are responsible for paying all fees that you owe to SimplytheBest. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, Chile, the EU, Iceland, India, Indonesia, Japan, Malaysia, Mexico, Moldova, New Zealand, Norway, Quebec (Canada), Russia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, United Arab Emirates or the United Kingdom. SimplytheBest will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” In addition, SimplytheBest will calculate, collect, and remit sales tax where applicable. Please see this FAQ for more information. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- The name “SimplytheBest” and the other SimplytheBest marks, phrases, logos, and designs that we use in connection with our Services (the SimplytheBest Trademarks), are trademarks, service marks, or trade dress of SimplytheBest in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
- Sharing Your Ideas. We love suggestions and ideas, since they can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to SimplytheBest (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- From time to time, SimplytheBest will provide you with certain legal information in writing. By using our Services, you’re agreeing to our electronic communications policy, which says that we can send you information electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
Neither SimplytheBest.net (‘SimplytheBest’) nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither SimplytheBest nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. SimplytheBest reserves the right to remove any listings or any advertisements for any reason. In no case shall SimplytheBest be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.
SimplytheBest disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the SimplytheBest Services. SimplytheBest disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. SimplytheBest disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SimplytheBest services.
By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SIMPLYTHEBEST SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SIMPLYTHEBEST AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SIMPLYTHEBEST AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SIMPLYTHEBEST SERVICES. SIMPLYTHEBEST AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SIMPLYTHEBEST SERVICES. SIMPLYTHEBEST AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLYTHEBEST SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SIMPLYTHEBEST SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLYTHEBEST SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SIMPLYTHEBEST SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO YOU AGREE HEREWITH THAT THE ABOVE EXCLUSIONS DO APPLY TO YOU.
WARRANTIES AND LIMITATION OF LIABILITY
Items You Purchase: You understand that SimplytheBest does not manufacture, store, or inspect any of the items sold through our Services. We only provide the venue. The items in our marketplaces are produced, listed, and sold directly by independent sellers, so SimplytheBest cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release SimplytheBest from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access: You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. SimplytheBest is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With: You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Gift Cards and Promotions: You acknowledge that SimplytheBest does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
SIMPLYTHEBEST IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS ARE EXPLICITLY ACCEPTED BY YOU.
UNDER NO CIRCUMSTANCES SHALL SIMPLYTHEBEST OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SIMPLYTHEBEST SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SIMPLYTHEBEST OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SIMPLYTHEBEST SERVICES, FROM INABILITY TO USE THE SIMPLYTHEBEST SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SIMPLYTHEBEST SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLYTHEBEST SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLYTHEBEST SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SIMPLYTHEBEST.NET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLYTHEBEST SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SIMPLYTHEBEST.NET SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SIMPLYTHEBEST SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SIMPLYTHEBEST’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID SIMPLYTHEBEST IN THE PAST TWELVE MONTHS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS ARE EXPLICITLY ACCEPTED BY YOU.
Without limiting the foregoing, under no circumstances shall SimplytheBest or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
If SimplytheBest gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend SimplytheBest (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
DISPUTES WITH SIMPLYTHEBEST
If you’re upset with us, let us know, and we will try to resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law: The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- Arbitration: You and SimplytheBest agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
- Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and SimplytheBest are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of Arbitration: Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, SimplytheBest will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
- For any actions not subject to arbitration or mediation, you and SimplytheBest agree to submit to the personal jurisdiction of the courts decided by SimplytheBest.
- Government Exception: If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.
- Modifications: If we make any changes to this “Disputes with SimplytheBest” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against SimplytheBest prior to the date the changes became effective. SimplytheBest will notify you of substantive changes to the “Disputes with SimplytheBest” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and SimplytheBest in accordance with the provisions of this “Disputes with SimplytheBest” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
DISPUTES WITH OTHER USERS
If you find yourself in a dispute with another user of SimplytheBest’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Buyers and sellers who are unable to resolve a dispute related to a transaction may ask SimplytheBest to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. SimplytheBest has no obligation to resolve any disputes.
You release SimplytheBest from any claims, demands, and damages arising out of disputes with other users or parties.
CHANGES IN TERMS AND CONDITIONS
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You agree that SimplytheBest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SimplytheBest Services. We reserve the right to modify these terms of service without any notice.
If we believe that the changes are material, we will let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
These terms of service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service will be effective only if in writing and signed by SimplytheBest.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and SimplytheBest regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from SimplytheBest or the vendor if you fail to comply with any provision contained herein.
You may terminate your account with SimplytheBest at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills.
We may terminate or suspend your account (and any accounts SimplytheBest determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, f.e. to sell or buy on our websites or mobile apps. Generally, SimplytheBest will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or SimplytheBest terminate your account, you may lose any information associated with your account, including Your Content.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Last updated on June 14, 2021