We at Simply Creative Publishing, LLC (“Simply Creative”, “we” or “us”)
welcome you to the Simply-Creative-Living.com website
(“Website”). The Website provides a service that allows visitors to
compete for prizes based upon their birthday cake entries (collectively
referred to herein as “the Service”). In order to use the Service, you
may access and / or use the Website.
Please read the Agreement carefully. By accessing and using the Website, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to consent to this Agreement and to abide by all of its terms and conditions. If you are under eighteen (18) years of age, you agree that your legal guardian has agreed to be bound with you by this Agreement.
Limited, Non Exclusive License: You are granted a non exclusive, non transferable, limited license to access and use the Service and Website in accordance with the Agreement (“License”). This License may be revoked at any time at the sole discretion of Simply Creative. The License permits you to access and use the Service and Website for your own personal use. No part of the Website and / or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. The License specifically prohibits you from copying, emulating, renting, leasing, decompiling, transferring, disassembling, cloning, attempting to discover the source code for or reverse engineering the Website, Service or any portion thereof.
In addition, your license specifically prohibits you from using any software, device or routine to interfere with the normal or proper working order of the Website or Service. You may not engage in any action which creates an unreasonably large load on Simply Creative’s infrastructure. Unauthorized access to the Website and / or Service breaches this Agreement and is a violation of applicable law.
Proprietary Rights: All of the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, Service, computer coding and other matters related to the Website and associated Service, are the sole property of Simply Creative, except where specifically indicated. As such, they are protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties.
Any content displayed on the Website is protected by copyright law and international treaties as an original work, a compilation and a collective work. Any reproduction, modification, creation of derivative works from or distribution of the Website or the collective work and / or copying or in any way reproducing the Website or any portion thereof to any fixed medium for reproduction or redistribution is prohibited without the express written consent of Simply Creative. Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose the Service or Website or any aspect or portion thereof.
We do not claim to own any of the content posted by users. Any copyright, trademark, and other intellectual property rights that may exist in those works are the sole and exclusive rights of the author who created such work. However, by posting such material in any of the public areas of the Website, you automatically represent and warrant that you have the right to grant, and have chosen to grant, a perpetual, irrevocable license to copy, display and distribute such content and to prepare derivative works of, or incorporate said content into other works.
Online User Content: Content made available through the Service on the Website are wholly the responsibility and work of their respective author and not of Simply Creative. Reliance on the statements therein is done at the user’s own risk. Each respective author is responsible for the content of his or her statements or other information posted on the Website. Simply Creative does not guarantee the accuracy, completeness or usefulness of any such information available on the Website and / or through the Service and neither adopts, endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Website. By using the Service and Website you affirm that you understand this and that you hold Simply Creative harmless from any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Website.
Online Conduct: As a user of the Service on the Website, you agree that you are solely responsible for the content and / or information that you publish, transmit and / or post on the Website. You agree to use the Service and Website in a manner that conforms to any and all applicable laws and regulations.
You agree not to:
Publish any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references or offensive language or any confidential information of any third person;
Post, or attempt to post, any content that is false, deceptive, misleading, deceitful, misinformative or constitutes “bait and switch”;
Post, or attempt to post, any photographs or other images containing offensive and / or confidential information;
Post, or attempt to post, any photographs or other images that may be deemed obscene in your community, as defined under applicable law;
Post, or attempt to post, any content that constitutes or contains “affiliate marketing,” “link referral codes,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other commercial advertisement or marketing;
Contact other users without that user’s express consent to contact him or her;
Impersonate any person or entity;
"Stalk" or otherwise harass any person via the Website and / or Service;
Transmit any chain letters, spam or junk e-mail to other users;
Express or imply that any statements you make are endorsed by Simply Creative, without our specific prior written consent from Simply Creative to do so;
Harvest or collect personal information about other users whether or not for commercial purposes, without their express consent;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
Remove any copyright, trademark or other proprietary rights notices contained on the Website;
Interfere with or disrupt the Service and / or Website, or the servers and / or networks connected to the Service and / or the Website;
Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempt to gain unauthorized access to Simply Creative’s computer systems or engage in any activity that disrupts, diminishes the quality of, or impairs the functionality of, the Service and / or Website.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
"Frame" or "mirror" any part of the Website, without our prior written authorization;
Use metatags or code or other devices containing any reference to Simply Creative, the Service or the Website in order to direct any person to any other website for any purpose; and / or
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.
Simply Creative has no obligation to review any of the postings on the Website, but reserves the right to do so in its sole discretion. Simply Creative reserves the right, but has no obligation, to reject any postings or other content that does not comply with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the removal of your posting and prohibition from visiting the Website in the future, in the sole discretion of Simply Creative, pursuant to the terms of this Agreement. Simply Creative reserves the right to pursue any and all legal remedies against users who engage in such prohibited conduct.
If you are a California resident, you agree to specifically waive California Civil Code Section 1542, which states that, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Contest Rules: You can find the official rules for the promotions on the Website at HYPERLINK "http://www.Simply-Creative-Living.com/contestrules.html" http://www.Simply-Creative-Living.com/contestrules.html. They are wholly incorporated into this Agreement as if fully set forth herein.
No SPAM Policy: You acknowledge and agree that sending unsolicited email advertisements to our users is expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the CAN-SPAM Act of 2003. Such misuse of the Service and / or Website may subject the sender to civil and criminal penalties.
Third-party Websites: The Website and / or Service may provide hyperlinks, banner advertisements, pop-ups and / or other online methods to redirect you to other third party Internet websites and / or resources. Because Simply Creative has no control over such websites and / or resources, you hereby acknowledge and agree that Simply Creative is not responsible for the availability of such third party websites and / or resources. Furthermore, Simply Creative does not endorse, and is not responsible or liable for, any content, advertising, Service, products and / or other materials at or available through such third party websites or resources, or for any damages and / or losses incurred through such websites or other resources.
Copyright/Trademark Claims: Simply Creative respects the intellectual property rights of others, and we ask our users to do the same. Simply Creative may, in appropriate circumstances and at its discretion, disable and / or terminate the access to our Website of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright/trademark infringement, or your intellectual property rights have been otherwise violated, please provide Simply Creative's intellectual property agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works or of the trademark that is being allegedly infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Simply Creative to locate the material.
Information reasonably sufficient to permit Simply Creative to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property’s owner, its agent or under applicable laws.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Simply Creative's agent for notice of claims of intellectual property right infringement can be reached as follows:
By email: HYPERLINK "mailto:ipclaims@Simply-Creative-Living.com" ipclaims@Simply-Creative-Living.com.
Indemnification: You agree to indemnify, defend and hold Simply Creative, its parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (“Covered Parties”), harmless from any and all loss, liability, claims and / or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website, the Service and / or arising from your breach of this Agreement.
WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS AND / OR USE OF THE WEBSITE AND / OR SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND / OR SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SIMPLY CREATIVE AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND / OR SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLY CREATIVE AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SIMPLY CREATIVE AND YOU. THE WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMPLY CREATIVE THROUGH THE WEBSITE AND / OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
SIMPLY CREATIVE IS NOT RESPONSIBLE TO YOU AND / OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND / OR MEMBER COMMUNICATIONS; 2) THE CONDUCT OF ANY USER AND / OR MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; 3) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR PROVIDED IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY SIMPLY CREATIVE, USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICE; 4) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 5) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE THAT SIMPLY CREATIVE IS NOT THE PUBLISHER OF THE CONTENT FOUND ON THE WEBSITE AND SERVICE AND, AS SUCH, SHALL NOT BE LIABLE FOR DAMAGES ARISING THEREFROM INCLUDING, WITHOUT LIMITATION, ANY AND ALL CRIMINAL AND / OR CIVIL LIABILITY.
THE MAXIMUM LIABILITY OF SIMPLY CREATIVE AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO SIMPLY CREATIVE FOR THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMPLY CREATIVE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS AND / OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND / OR SERVICE. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND / OR SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
Dispute Resolution/Governing Law: This Agreement shall be treated as though it were executed and performed in the State of New Jersey and shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Website or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Simply Creative's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Force Majeure: We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
Legal Warning: Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and / or otherwise interfere with the operation of the Website and / or Service, is a violation of criminal and civil law and Simply Creative will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Modifications: This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Service or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Service.