Terms & Conditions

Interpretation and Definitions

 

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• “Account” means a unique account created for You to access our Service or parts of our Service.

• “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Simply Made.

• “Country” refers to Denmark.

• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

• “Downloads” means any digital media or other material that You are downloading from the Site after purchase.

• “Service” refers to the Website and Download of Digital Products.

• “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Terms and Conditions Generator.

• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• “Website” refers to Simply Made, accessible from www.simplymadedesign.com

• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.

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These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

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You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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By downloading Content purchased from this site, You accept these Terms, and agree to be bound by its provisions. If You do not accept or agree with these terms, do not purchase download-only products.

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Downloading Terms

We hereby grant to you a perpetual, non-exclusive, non-transferable, worldwide license to use the Downloads for the Permitted Uses only (as defined below). All rights in and to the Downloads, including, without limitation, all copyright and other intellectual property rights relating to the Downloads, are retained by Simply Made, as is applicable.

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Permitted Uses

(a) You may only use the Downloads for personal use only on your personal devices only. For clarity, You may not use the Downloads in products for resale, license, or any other distribution. For example, you are not permitted to modify the Downloads, print it in any form other than for personal use, and sell it to others for consumption, reproduction or re-sale. Any use of the Downloads that is not a Permitted Use shall constitute infringement of copyright.

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(b) Restrictions. You are permitted to use the Downloads for personal use only, although You may transfer files among your personal devices such as phone, tablet, laptop, or desktop computer. You may install and use the Downloads in only one location at a time for each file, although there is no time limit on the duration You can use it for. You may physically transfer the Content from one location to another i.e., distributing it among your personal devices. If you require the Downloads to be in more than one location or accessible by more than one person, You must download the Content from the Site for each such use or individual. You may make only one (1) copy of the Content solely for back-up purposes.

 

(c) Any additional permitted uses must be approved in writing by Simply Made.

 

If there is any doubt that a proposed use is a Permitted Use, You should contact Simply Made at info@simplymadedesign.com.

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Standard License Prohibitions

(a) Prohibited Uses. You may not do anything with the Downloads that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not, either individually or in connection with others:

• Use the Downloads in any form, format, or applications intended for resale, license, or other distribution, whether online or not, regardless of profit or revenue:

• Use or display the Downloads on websites or other venues designed to induce or involving the sale, license, or other;

• Use the Downloads in books, magazines, newspapers, or any other publication, regardless of whether the final product is offered for sale, resale, license, or other form of distribution;

• Incorporate the Downloads in any product that results in a re-distribution or re-use of the Downloads or is otherwise made available in a manner such that a person can extract or access or reproduce the Downloads as an electronic file;

• Use the Downloads in a fashion that is considered by Simply Made (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Downloads into disrepute;

• Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Downloads;

• Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Downloads or the rights granted under this Agreement;

• Install and use the Downloads in more than one location at a time or post a copy of the Downloads on a network server or web server for use by other users;

• Use or display the Downloads in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

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User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

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You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

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You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

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Content

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Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

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By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

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You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

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You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.

• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

• Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.

• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

• Impersonating any person or entity including the Company and its employees or representatives.

• Violating the privacy of any third person.

• False information and features.

 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

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Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

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The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

 

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

Copyright Policy

 

Copyright 

All Simply Made products are copyright of Simply Made. If you are interested in licensing any product, please contact us at info@simplymadedesign.com.

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Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

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If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of us via email info@simplymadedesign.com and include in Your notice a detailed description of the alleged infringement.

 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

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The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

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We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

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This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Downloads, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Downloads for any purpose. The Agreement also terminates without notice from Simply Made if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Downloads and for any purpose; (ii) destroy or delete all copies and archives of the Downloads or accompanying materials; and (iii) if requested, confirm to Simply Made in writing that you have complied with these requirements.

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Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

Warranties

While we have made reasonable efforts to provide correct information in the Downloads, Simply Made does not warrant the accuracy of such information.

 

"AS IS" and "AS AVAILABLE" Disclaimer

The Downloads are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind and without representation, warranty, or condition of any kind, either express or implied, including, but not limited to the implied representations, warrenties or conditions of merchantability, or fitness for a particular purpose. Simply Made does not represent or warrant that the Downloads will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the Downloads is with you. Should the Downloads prove defective, you (and not Simply Made) assume the entire risk and cost of all necessary corrections. 

 

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Return & Refunds

 All digital goods are delivered electronically and Downloads are non-returnable.

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Changes to These Terms and Conditions

 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

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If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: FAQ
By sending us an email: info@simplymadedesign.com