Welcome to the SimpleCellShop.com Site and Services (“SimpleCellShop.com”) operated by Simple Cell, Inc. (“Simple Cell”, "we" or "us").
1. Description of the SimpleCellShop.com Service
2. Modifications to these Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted at SimpleCellShop.com. Your continued use of SimpleCellShop.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service and any modifications. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of SimpleCellShop.com. Your continued use of SimpleCellShop.com following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of SimpleCellShop.com, please contact email@example.com.
3. Use of the SimpleCellShop.com Services
Use of SimpleCellShop.com is void where prohibited. By accessing or otherwise using SimpleCellShop.com, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party. We assume responsibility for filtering or monitoring the content viewed by users of SimpleCellShop.com. We reserve the right, at any time, to: (a) modify or discontinue some or all of SimpleCellShop.com, including, but not limited to (i) restricting the time SimpleCellShop.com is available, (ii) restricting the amount of use of SimpleCellShop.com permitted, and (iii) restricting or terminating any user's right to use SimpleCellShop.com, with or without notice; (b) charge fees in connection with the use of all or part of SimpleCellShop.com; (c) modify and/or waive any fees charged in connection with SimpleCellShop.com; and/or (d) offer opportunities to some or all users of SimpleCellShop.com. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of SimpleCellShop.com, in whole or in part, or of any service, content or feature offered through SimpleCellShop.com. Your continued use of SimpleCellShop.com following the posting of changes to these Terms of Service will constitute your acceptance of such changes. Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, Simple Cell grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access SimpleCellShop.com to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available for such purposes on SimpleCellShop.com, solely for your informational purposes and for your immediate and private use; and (b) make purchases of goods and services through links found on or through SimpleCellShop.com. At all times you must retain all SimpleCellShop.com or third-party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by us and we disclaim any and all implied licenses.
5. User Conduct and Acceptable Use Policy
Unauthorized use of SimpleCellShop.com is expressly prohibited. You may not use SimpleCellShop.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Additionally, we reserve the right, without limitation, to terminate your access to and use of SimpleCellShop.com if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
- You may not misrepresent your identity or impersonate any person.
- You may not attempt to gain access to any account, computers or networks related to SimpleCellShop.com without authorization.
- You may not attempt to obtain any data through any means from SimpleCellShop.com, except if we intend to provide or make it available to you.
- You may not attempt to charge others to use SimpleCellShop.com either directly or indirectly.
- You may not use SimpleCellShop.com to harvest or otherwise collect information about others, including e-mail addresses.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with SimpleCellShop.com
- You may not use SimpleCellShop.com in a manner that results in excessive bandwidth usage, as determined by our representative. Use of SimpleCellShop.com as well as use of SimpleCellShop.com on any desktop or portable application will be applied toward such bandwidth usage.
6. All judgments concerning the applicability of these guidelines
Shall be at our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.
7. Limitation of Liability
THE Simple Cell, Inc SITE, SERVICES AND CONTENT (SIMPLECELLSHOP.COM) ARE PROVIDED "AS IS" AND SIMPLE CELL EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SIMPLE CELL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in this Policy, or elsewhere on SimpleCellShop.com, or as otherwise required by applicable law, neither Simple Cell nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of SimpleCellShop.com or the content whether or not we have been advised of the possibility of such damages. In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SIMPLE CELL, INC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SIMPLE CELL, INC SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. Simple Cell agrees to indemnify, defend and hold you harmless from and against any and all losses, liabilities, costs (including reasonable attorneys’ fees) or damages resulting from any claim by any third party that our proprietary software infringes such third party’s U.S. patents issued as of the Effective Date, or infringes or misappropriates, as applicable, such third party’s copyrights or trade secret rights under applicable laws of any jurisdiction within the United States of America; provided that you promptly notify us in writing of the claim, cooperate with us, and allow Simple Cell sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agree to permit us, at our sole discretion, to enable you to continue to use the Marketing Service or the Documentation, as applicable, or to modify or replace any such infringing material to make it non-infringing. If we determine that none of these alternatives is reasonably available, you shall, upon written request from us, cease use of, and, if applicable, return, such materials as are the subject of the infringement claim. This Section 7 shall not apply if the alleged infringement arises, in whole or in part, from (i) modification of SimpleCellShop.com by you, or (ii) combination, operation or use of SimpleCellShop.com with other software, hardware or technology not provided by us. IN NO EVENT SHALL OUR LIABILITY UNDER THIS SECTION 7 EXCEED THE CAP ON LIABILITY SET FORTH IN SECTION 6.
9. Modifications and Interruption to Service
We and our service providers utilize diligent efforts to maintain SimpleCellShop.com, but neither we nor our service providers are responsible for any defects or failures associated with SimpleCellShop.com, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. We reserve the right to modify or discontinue our services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue SimpleCellShop.com or any part thereof. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
10. Third-Party Sites
SimpleCellShop.com and certain content may contain advertisements for or links to other Internet sites or resources. SimpleCellShop.com may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of SimpleCellShop.com. We encourage you to review said privacy policies of third-parties’ sites. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
11. Governing Jurisdiction of the Courts
The laws of the State of Maryland will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that SimpleCellShop.com is appropriate, legal or available for use in other locations. Accordingly, you irrevocably submit to the jurisdiction of the courts located in the State of Maryland for all disputes. You and Simple Cell, Inc., to the fullest extent permitted by law, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms of Service. The provisions of this paragraph shall survive, even if you cease your use of SimpleCellShop.com.
12. Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use SimpleCellShop.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
13. Copyright and Trademark Information
All Services included or available on SimpleCellShop.com, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned or licensed by Simple Cell, Inc, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Simple Cell is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Simple Cell.
14. Intellectual Property Rights and Notices
Except for the licenses granted herein, you have no right, title or interest in or to SimpleCellShop.com. You agree that we or our licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to SimpleCellShop.com. SIMPLE CELL, INC and the SIMPLE CELL, INC logo are including without limitation, either trademarks, service marks or registered trademarks of Simple Cell, Inc., and may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in our Site that are part of SimpleCellShop.com. Unless we have granted you licenses to our intellectual property, our providing you with SimpleCellShop.com does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
15. Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact firstname.lastname@example.org and provide the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. Pursuant to Section 512(c) of the Copyright Revision Act
As enacted through the Digital Millennium Copyright Act, Simple Cell designates as its agent for receipt of notifications of claimed copyright infringement, info@SimpleCellinc.com
17. Other Terms
19. Electronic Delivery/Notice Policy And Your Consent
By using SimpleCellShop.com, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with SimpleCellShop.com (collectively, "Contract Notices") electronically. We may provide such electronic Contract Notices by posting them on SimpleCellShop.com. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of SimpleCellShop.com. No failure or delay by us in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
20. Entire Agreement
These Terms of Service sets forth the entire agreement and understanding between you and us with respect to the use of SimpleCellShop.com, and, supersedes and merges any and all prior oral or contemporaneous agreements, discussions and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for in these Terms of Service.
Last updated on 10-10-2015