Terms of Service

Legal terms you agree to

by accessing this website

Terms of Service

Effective date: January 8th, 2018
Revised: January 1st, 2020

You ("You", "Your"), the website visitor ("Website Visitor", "Visitor") agree that using simpledigital.io (the “Website”) or by accessing any content on the Website in any manner, including the use of any mobile applications (“Mobile Apps”) connected to Simple Digital or any subdomains ("Subdomains"), is conditioned only upon Your acceptance of these legal terms of use including our privacy policy. Simple Digital reserves the right, in its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without advance notice to You.

It is Your responsibility to review these legal terms of use periodically for updates.

AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Content Rights

The copyrights to all original content, materials, text, graphics, and videos of Simple Digital, any Digital Apps and Applications (including text, user and visual interfaces and interaction, images, colors, design, sound, and any underlying code), and any material e-mailed to You or otherwise supplied to You in conjunction with Content and/or a Digital App or Applications (collectively, “Content”), is proprietary to Simple Digital, its affiliates, subsidiaries, or third party licensors.

You may not copy, reproduce, post to any website or social platform, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of Content and the Website, or make any derivative works from such Content in any way without the express prior written consent of Simple Digital. Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property connected to any Content is owned or licensed by Simple Digital or its affiliates, or subsidiaries and may not be used by You without the prior written consent of Simple Digital or the appropriate owner. Your use of Content does not grant You any right, title, interest or license to any such intellectual property provided by Simple Digital and any unauthorized use of such content may subject You to civil or criminal penalties.

Using this Website

Content and this Website is designed for Your personal and business education. With that stated, all copying (whether electronic, hard copy, or other format) is stricly prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of Content is prohibited except under Simple Digital’s express written consent. All rights not expressly granted here are reserved to Simple Digital. You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process (“Tools”) to access, acquire, copy or monitor any portion of Content or in any way reproduce or circumvent the navigational structure or presentation of Content to obtain or attempt to obtain materials, documents or information through any means not purposely made available through by Simple Digital. Tools that use Content shall be considered agents of the individuals who control, author, or distribute them.

Changes

Simple Digital reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Content available on the Website and/or on a Mobile Apps at any time and to restrict the use and accessibility of Content and its Mobile Apps.

Limition of Liability

In no event shall Simple Digital, its affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other websites from, Content. You acknowledge by Your use of Content, that Your use is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.

Warranties

Simple Digital DOES NOT GUARANTEE THAT Content, SERVICES OR FEATURES IS OR WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF Content WILL PROVIDE SPECIFIC RESULTS. Content IS PROVIDED “AS IS” AND  ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. Simple Digital assumes no responsibility, and shall not be liable for any damages caused by computer viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of Content or Your downloading of any materials, text, images, video or audio from such content.

Indemnification

You agree to defend, indemnify and hold Simple Digital harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use of Content.

Communications

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Simple Digital will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with Content, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority. Any communication or material You transmit to Simple Digital or by interacting with Content, by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Simple Digital cannot prevent the harvesting of information from Content, and You may be contacted by Simple Digital or unrelated parties, by email or otherwise, within or outside of Content. Anything You transmit may be edited by or on behalf of Simple Digital, may or may not be posted as Content at the sole discretion of Simple Digital and may be used by Simple Digital or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Simple Digital is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to Simple Digital or provide through an interaction with Content, for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to Simple Digital or through an interaction with Content, You accept that it will not be treated as confidential and may be used by Simple Digital without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc. Although Simple Digital may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on or through Content, Simple Digital is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on Content. Simple Digital assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of Content.

Infringement Claims

If You believe that Your work has been copied in a way that constitutes copyright infringement by Simple Digital or by a Client of Simple Digital, please provide a Notice with the following information to the Our Infringement Agent:

  • Your address, telephone number, and email address;
  • A detailed description of the copyright work that You claim has been infringed;
  • A description of precisely where the material that You claim is being infringed is located on Content;
  • 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; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Mail to:

Simple Digital, Inc.
ATTN: Infringment Agent
30 N Gould Street, Ste. 2705,
Sheridan, WY 82801

or email:

copyright@simpledigital.io

Additionally, please CC our legal department at legal@simpledigital.io

We may give notice to Website Visitors by means of a general notice or popup on our Website, email to a user’s email address in our records, or by written communication sent vai certified mail to a user’s physical address in our records.

If You receive such a notice, You may provide counter-notification in writing to the designated Copyright Agent. To be effective, the counter-notification must be a written communication that includes the following:

  • Your name, physical address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Simple Digital may be found, and that You will accept service or process from the person who provided notification of alleged infringing material or an agent of such person.
  • dentification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake to misidentification of the material to be removed or disabled; and
  • Your physical or electronic signature.

In response, Simple Digital may terminate certain Content or Clients that have been the subject of two (2) or more separate infringement notices. In the event a user’s materials are removed due to an infringement notice and then subsequently restored due to the filing of a infringement notices counter-notification, Simple Digital will treat the underlying infringement notice as withdrawn. Simple Digital reserves the right to terminate Clients that are the subject of fewer than two (2) infringement notices in appropriate circumstances – such as where the user has a history of violating or willfully disregarding Simple Digital’ Terms of Service.

After submitting a Copyright Infringement Notice in reference to a Client's account, Simple Digital cannot guarantee removal of any materials for the following reasons:

  • Client may have terminated a Service Agreement with Simple Digital prior to Us completing our Services, thus relieving Simple Digital of all contractually-obligated duties;
  • Client may have had a Service Agreement with Simple Digital in the past, but is now working with another service provider, thus relieving Simple Digital of all contractually-obligated duties;
  • Client may have overdue invoices and currently breaking contractual obligations, thus relieving Simple Digital of all contractually-obligated duties; and
  • Simple Digital is never responsible for Content placed, built, or posted on Clients' accounts.

Force Majeure

Simple Digital will not be held responsible for circumstances beyond its control.

Simple Digital, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Termination

At its sole discretion, Simple Digital may modify or discontinue Content, or may modify or terminate Your account or Your access to this Content, for any reason, with or without notice to You and without liability to You or any third party.

Affiliations

Descriptions of, or references to, products, publications, websites or mobile apps not owned by Simple Digital or its affiliates do not imply endorsement of any such content provided therein. Simple Digital has not reviewed all material linked to our Website and is not responsible for the content of any such material. Your linking to any other products, publications, websites or mobile apps not controlled by Simple Digital is at Your own risk.

Linking Policy

Simple Digital may provide, as a convenience to You, links to websites owned or operated by parties other than Simple Digital. Each linked website may have its own terms and conditions of use, as described in that website’s terms of use. Those terms and conditions may be different than our legal terms of use, and we urge You to read each website’s terms carefully before You use that website. Simple Digital does not control, and is not responsible for the availability, content or security of these external Websites, nor Your experience interacting or using these external websites. Simple Digital does not endorse the content, or any products or services available, on such websites.

Non-Waiver

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Severability

If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.

Changes

Simple Digital may, in its sole discretion, change these Terms (including those that relate to Your use of the website, Mobile Apps and/or Content). Whenever the Terms are changed, Simple Digital will notify You by e-mail or by publishing the revised terms on Content. If You use Content and/or a Mobile App after Simple Digital has published or notified You of the changes, You are agreeing to be bound by those changes. If You do not agree to be bound by those changes, You should not use Content or a Mobile App any further after they are published. Access to certain the Content may be subject to additional terms and conditions.

Contact Info

If you have any questions about our Terms of Service, please contact us by email: legal@simpledigital.io