By using the SimplytheBest.net services (the “Services”), you agree to be bound by the following terms and conditions (the “Terms of Service”). This Agreement, in conjunction with any author’s License Agreement that MAY OR MAY NOT accompany each download file downloaded from the SimplytheBest Marketplace (“SimplytheBest ”) or its distributors, constitute the complete agreements between you, SimplytheBest and/or the author. This agreement covers all items directly for sale.
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.
Copyright Licensed items are copyrighted and contain proprietary information and trade secrets belonging to the author. Unauthorized copying of a licensed item even if modified, merged, or included with other software or media is expressly forbidden. You may be held legally responsible for any infringement of the author’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
SimplytheBest disclaims any responsibility for any copyright infringement resulting from material uploaded to the SimplytheBest Services by third parties. Copyright infringements can be reported to copyright[at]simplythebest[dot]net and we’ll take whatever action we think is appropriate, which may include removing the reported content from the SimplytheBest Services. If we remove content in response to a DMCA notice, we may notify the person who saved it on a SimplytheBest Service so they have the opportunity to send a counter-notice.
1. You must identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.
2. You must identify the content on the SimplytheBest Service you claim to be infringing your rights, including the information we need to help us find it, like the URL to the page on the SimplytheBest Service.
If the work you’re reporting is an image, you can ask us to remove all copies of the image. At the beginning of your notice, ask us to “remove all instances of that image.” Please note that we can only remove identical copies of an image — if an image file has been resized or altered, we may not be able to find or remove it.
Please include the following in your notice:
1. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed.”
2. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).”
DISCLAIMER OF WARRANTIES
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.
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.
LIMITATION OF LIABILITY
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. 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.
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.
These terms of service will be governed by and construed in accordance with the laws of the Marshall Islands, 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.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from SimplytheBest or the author if you fail to comply with any provision contained herein. Upon termination, you must destroy all copies of any licensed templates.