We at Simple Different (SD) run an online service accessible at http://www.simple-different.com and via the SimpleDifferent Apps available in the iTunes, Google Play, Amazon and Samsung app stores. The service is called SimpleDifferent and packages our software with a hosting service allowing our users to build and host websites. Our basic service called Starter Site is free, and we offer paid upgrades for more flexibility and advanced features called Pro Site.
Our service is designed to give you as much control and ownership over what goes on your site as possible and to encourage you to express yourself freely.
However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, pornography, unlicensed financial service, or hate content).
You can check our facebook page at https://www.facebook.com/SimpleDifferent to get a sense of the types of sites that are welcome on our service (or not!).
If you find a SD site that you believe violates our terms of service, please contact us here
Note: These Terms of Service (TOS) are adapted from the Wordpress TOS at http://en.wordpress.com/tos/ under the Creative Commons Sharealike License and you are therefore free to repurpose them as we have repurposed from Wordpress. Share and Share alike!
Terms of Service:
The following terms and conditions govern all use of the SD website and all content, services and products available at or through the website, including, but not limited to, the hosting service, use of the software and apps, (taken together, the SD Website).
Please read this Agreement carefully before accessing or using the SD Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the SD Website or use any services. If these terms and conditions are considered an offer by Simple Different, acceptance is expressly limited to these terms. The SD Website is available only to individuals who are at least 13 years old.
1. Your SD Account and Site.
If you create a site on the SD Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site.
You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Simple Different may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Simple Different liability.
You must immediately notify Simple Different of any unauthorized uses of your site, your account or any other breaches of security. Simple Different will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate a site, comment on a site, post material to the SD Website, post links on the SD Website, or otherwise make (or allow any third party to make) material available by means of the SD Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your site does not promote any unlicensed financial service;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Simple Different or otherwise.
By submitting Content to Simple Different for inclusion on your SD Website, you grant Simple Different a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site.
If you delete Content, Simple Different will use reasonable efforts to remove it from the SD Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Simple Different has the right (though not the obligation) to, in Simple Different’s sole discretion
(i) refuse or remove any content that, in Simple Different’s reasonable opinion, violates any Simple Different policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the SD Website to any individual or entity for any reason, in Simple Different’s sole discretion. Simple Different will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
Optional paid services such as Pro Sites are available on the SD Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Simple Different the monthly or annual subscription fees indicated for that service (additional payment terms specifically for Pro Sites are described below).
Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
4. PRO Services.
All PRO Services support will be provided in accordance with Simple Different standard
PRO Services practices, procedures and policies.
4.2 Fees / Payment
By signing up for a PRO Services account you agree to pay Simple Different the setup fees and monthly hosting fees indicated at http://www.simple-different.com/en/professional_website in exchange for the services listed at http://www.simple-different.com/en/professional_website
Applicable fees will be invoiced starting from the day your PRO Services are established and in advance of using such services.
Simple Different reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. PRO Services can be canceled by you at anytime on 30 days written notice to Simple Different .
5. Responsibility of SD Website Visitors.
Simple Different has not reviewed, and cannot review, all of the material, including computer software, posted to the SD Website, and cannot therefore be responsible for that material’s content, use or effects.
By operating the SD Website, Simple Different does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The SD Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
The SD Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Simple Different disclaims any responsibility for any harm resulting from the use by visitors of the SD Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other SD Websites.
Simple Different has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Simple-Different.com links, and that link to Simple-Different.com.
Simple Different does not have any control over those non-SD websites and webpages, and is not responsible for their contents or their use.
By linking to a non-Simple Different website or webpage, Simple Different does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Simple Different disclaims any responsibility for any harm resulting from your use of non-Simple Different websites and webpages.
7. Copyright Infringement and WIPO Policy.
As Simple Different asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Simple-Different.com violates your copyright, you are encouraged to notify Simple Different here.
Simple Different will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Simple Different will terminate a visitor’s access to and use of the SD Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Simple Different or others. In the case of such termination, Simple Different will have no obligation to provide a refund of any amounts previously paid to Simple Different.
8. Intellectual Property.
This Agreement does not transfer from Simple Different to you any Simple Different or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Simple Different.
Simple Different, SimpleDifferent, Simple & Different, Simple-Different.com, their logos, and all other trademarks, service marks, graphics and logos used in connection with Simple-Different.com, or the SD Website are trademarks or registered trademarks of Simple Different or Simple Different’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the SD Website may be the trademarks of other third parties. Your use of the SD Website grants you no right or license to reproduce or otherwise use any Simple Different or third-party trademarks.
Simple Different reserves the right to display attribution links such as ‘Made with Simple Different’ in the site footer of your Starter Site. Footer credits may not be altered or removed from your Starter Site. Footer credits may be removed from Pro Sites.
10. Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Simple Different reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the SD Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Simple Different may also, in the future, offer new services and/or features through the SD Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Simple Different may terminate your access to all or any part of the SD Website at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your Simple-Different.com account (if you have one), you may simply discontinue using the SD Website.
Notwithstanding the foregoing, if you have a PRO Services account, such account can only be terminated by Simple Different if you materially breach this Agreement and fail to cure such breach within 30 (thirty) days from Simple Different’s notice to you thereof; excepting that Simple Different can terminate the SD website immediately as part of a general shut down of it’s service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties.
The SD Website is provided “as is”. Simple Different and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Simple Different nor its suppliers and licensors, makes any warranty that the SD Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, the SD Website at your own discretion and risk.
14. Limitation of Liability.
In no event will Simple Different, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Simple Different under this agreement during the twelve (12) month period prior to the cause of action. Simple Different shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Neither SD nor any third party suppliers of our software or equipment make any warranty, express or implied, as to the results to be obtained by any user or others from the use of the software.
Simple Different makes no express or implied warranty of the fitness of the SD software for a particular purpose or use.
15. General Representation and Warranty.
You represent and warrant that
(ii) your use of the SD Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Simple Different, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the SD Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Simple Different and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Simple Different, or by the posting by Simple Different of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the SD Website will be governed by the laws of Thailand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Chiang Mai, Thailand.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the International Chamber of Commerce (ICC) arbitration rules by one or three arbitrators
appointed in accordance with such Rules.
The arbitration shall take place in Thailand, preferably at ICC Thailand (address : 3/F, Board of Trade of Thailand Building, 150/2 Rajbopit Road, Bangkok 10200) in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Simple Different may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.