SECTION 1: INTRODUCTION & ACCEPTANCE OF TERMS
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Website, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Website. Any revisions to these Terms or changes to the Website will take effect when a revised version or a notification is posted on the Website unless otherwise stated. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and/or changes in the Website and (b) agreement to be bound by any such revised terms and conditions.
SECTION 2: LICENSE TO USE SIMPLECODE AND CONTENT
License. Subject to the terms and conditions of these Terms, SimpleCode grants you a worldwide, non-transferable and non-exclusive license of the right to use the Website and its Content.
Permitted Uses. You may share our Content on any other website provided that you indicate the URL of the Content you wish to share.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions:
- (a) you shall not sublicense, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Website and Content;
- (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Content without our prior written consent;
- (c) you shall not express or imply that any statements you make are endorsed by us, without our prior written consent;
- (d) you shall not disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack);
- (e) you shall not attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining);
- (f) you shall not "frame" or "mirror" any part of the Website;
- (g) you shall not restrict or inhibit any other user’s use of the Website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Website; and
- (h) you shall not interfere with another user’s use and enjoyment of the Website.
Modifications/Updates. We reserve the right, at any time, to modify the Content or modify, suspend, or discontinue the operation of the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website or any part thereof. Any future release, update, or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms.
Ownership. We and our licensors (if any and where applicable) own all rights, title and interest, including all related intellectual property rights, in and to the Website and Content. The Website and Content are licensed to you; this means that the Website and Content are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website or Content. Our name, logo, and other names associated with the Website belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the Website. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our Website. This information is used to compile reports and to help us improve the Website. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit the Website – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
- Although we do not share such non-personal and aggregate information with third parties, we reserve the right to use and disclose non-personal information and anonymous aggregate statistics for any purpose and to any third party at our sole discretion. Moreover, we may sell, transfer or otherwise share some or all of our assets, including your non-personal and aggregate information, in connection with a merger, acquisition, reorganization, bankruptcy, or sale of assets.
If you leave any feedback, review, or suggestion (collectively, “Feedback”) via an email, you hereby assign to SimpleCode all rights in the Feedback and agree that SimpleCode shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
SECTION 4: DISCLAIMERS
The Website and Content are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Website will be uninterrupted, timely, secure or error-free. Occasionally some information on the Website or the Content may contain typographical errors, inaccuracies, or omissions.
SECTION 5: INDEMNIFICATION
You agree to indemnify, defend and hold SimpleCode, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 6: LIMITED LIABILITY
In no case shall SimpleCode, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Website or Content, or for any other claim related in any way to your use of the Website or Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of the Content posted, transmitted, or otherwise made available on the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 7: DISPUTE RESOLUTION
These Terms shall be exclusively governed by, and construed in all respects in accordance with the laws of the State of New Jersey, USA, without giving effect to the conflict of law principles thereof. Any controversy or claim arising out of or relating to these Terms or the breach of these Terms, which remains unsettled following diligent efforts by each party to reach a mutually acceptable resolution of such claim or controversy, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
SECTION 8: MISCELLANEOUS PROVISIONS
Term. These Terms will remain in full force and effect while you use the Website and will terminate when you cease using the Website.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Copyright/DMCA Policy. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website, please contact us immediately at email@example.com.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms, and (b) electronic records to store information related to these Terms or your use of the Website and Content. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) via a posting on the Website, or (b) by you via email to firstname.lastname@example.org or to such other email addresses as SimpleCode may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.