BY REGISTERING WITH SIMPLY FAVOURITES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not complete the registration process.
This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Services and the Site both now and in the past.
We require a registration process so that you may choose a member name ("Member Name" or "Login" or "Login Name") and a password, and so that we may permit you to use this service. Your Member Name will be used to identify you on Simply Favourites. You may log in to Simply Favourites, use the Services or modify your information, only through your Member Name and password. You may not have more than one account or Member Name, and only one email address for your use of the Limited Service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with Simply Favourites.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify Simply Favourites immediately at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security you learn about.
You are providing your electronic mail ("email") address for the purposes of registering to access this service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/ favourite you posted receives a comment . Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the members of Simply Favourites. If you do not want to receive newsletters and updates, you may opt out of those services when you register, or, after receiving the newsletters and updates, you may unsubscribe.
3. Guidelines for Use
Simply Favourites Services and Site are only available for use by individuals. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
Simply Favourites Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Simply Favourites Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
Simply Favourites reserves the right to determine what constitutes Internet abuse and objectionable conduct. If Simply Favourites believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to Simply Favourites Service.
- Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or grossly offensive to the online community.
Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
- Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of Simply Favourites, inappropriate for the Simply Favourites membership.
- Impersonating any person or using a name that you are not authorized to use could lead to a suspension.
- Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, Serial Numbers of products for which you do not have a registered license.
Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
- Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
- Soliciting individuals to join other services comparable to or competitive with Simply Favourites.
- Posting links in favourites or in personal profiles that lead to a competitor's site.
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
- Posting, transmitting or linking to statements that are intentionally false or misleading.
- Introducing viruses, worms, harmful codes or Trojan horses.
- Spamming, flaming or other similar activities.
- Misusing the Simply Favourites point system.
- Violating the guidelines for academic honesty or other unethical behavior, it is allowable to help a student with a project, but not doing it for them.
- Violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other members not following these Guidelines, please notify us.
4. Content License
Simply Favourites enables Members to post their favourites ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by Simply Favourites and its affiliates will not infringe upon or violate the rights of any third party. Before you use Simply Favourites Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with Simply Favourites and posting Your Content on the Site, you hereby grant Simply Favourites a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed. You also grant Simply Favourites and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify Simply Favourites at email@example.com
5. Simply Favourites Property Rights
The layout, design, concept and organization of the Simply Favourites Site and Services are subject to Simply Favourites's patents, copyrights and other intellectual property rights. All rights are reserved.
You acknowledge and agree that Simply Favourites owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the Simply Favourites Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from Simply Favourites before you copy, upload, transmit, reproduce, distribute or in any way exploit any Simply Favourites Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Simply Favourites Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use Simply Favourites's trade names, service marks or any other trade insignia. Any use of Simply Favourites's trade names, services marks or any other trade insignia shall be subject to Simply Favourites's prior written consent.
6. Disclaimers of Warranty
Other than providing a framework in which Members post their favourites, Simply Favourites does not review or verify the content of postings at its Site. The Users who participate at Simply Favourites have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us. You may review each Users information including their profile., a list of the Users Favourites by clicking on their Member Name.
YOU EXPRESSLY AGREE THAT USE OF SIMPLY FAVOURITES SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
SIMPLY FAVOURITES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. SIMPLY FAVOURITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SIMPLY FAVOURITES MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. SIMPLY FAVOURITES DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES SIMPLY FAVOURITES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL SIMPLY FAVOURITES, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("SIMPLY FAVOURITES AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF SIMPLY FAVOURITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY SIMPLY EXPLAINED SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Simply Favourites provides its Services and Site to Members on the assumption that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless Simply Favourites, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. Simply Favourites reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Simply Favourites, which shall not be unreasonably withheld.
9. Term, Termination
This Agreement shall be effective for as long as you use the Services.
Either you or Simply Favourites may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. Simply Favourites may terminate this Agreement immediately if, based on Simply Favourites's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of Simply Favourites Services or Site, (ii) infringed or violated any intellectual property right of Simply Favourites or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.
The termination of this Agreement shall terminate your access to the Services. Neither Simply Favourites nor any Simply Favourites Affiliate shall be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of this Agreement.
Upon termination of this Agreement, the perpetual license you have granted to Simply Favourites shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11. Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from the Simply Favourites offices in Northampton, Great Britain. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by British Law.
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at firstname.lastname@example.org , and to you at the email address you provide Simply Favourites during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
Simply Favourites may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.