Terms of Services
Table of Contents
Privacy Policy
Table of Contents
Privacy Policy
Privacy Policy
Effective Date: 9/8/2024
1. Introduction
Hello and welcome to Simply Listed. We’re happy you’re here and hope you love using our site!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.simplylisted.io operated by Simply Listed LLC
By using this website, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the website.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it as well.
I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes.
2. No Use By Minors
You need to be 16 years or over to use Simply Listed. We don’t knowingly collect any information from anyone aged 16 years . When browsing Simply Listed you agree to follow our guidelines or instructions (which are available in our Help Desk) and keep in mind that these terms apply to any use of Simply Listed whether or not you’re a subscriber.
You need to be 18 years or over to make a purchase or to become a subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
3. Communications
By creating an Account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at Support@simplylisted.io
4. About Simply Listed
Simply Listed is a web-based platform and service that enables you to create customized mockup images for marketing and advertising purposes. By uploading your own mockup images, (‘Your Content’) and combining them with your designs from a third party print provider, you can create customized photos or videos (‘Customized Products’) which you can then download or publish to a third party site and use for advertising and marketing purposes.
You represent that you have all rights and licenses necessary to upload Your Content to the Simply Listed Service and for us to use it as described in this section. You are responsible for all issues relating to Your Content and abiding by any terms and conditions of third party sites that Simply Listed integrates with.
5. Subscriptions
You can purchase a limited subscription for Simply Listed, which will give you the ability to create up to 100 listing templates (Up to 1000 photos published/Downloaded) per month for the duration of your subscription.
You can also purchase an unlimited plan that will give you an unlimited number of listing templates that you can create per month.
A subscription is limited to a single person. We do not allow account sharing.
6. Fee Changes
Simply Listed LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Simply Listed LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
7. Cancellations
All Simply Listed subscriptions will remain active until canceled. Your subscription will automatically renew every period, with the minimum commitment being one month. You can cancel anytime after the first month.
Cancellation requests must be submitted at least 1 business day prior to a billing cycle to avoid being charged for that billing cycle.
We may cancel your Simply Listed subscription at any time for any reason (acting reasonably of course), including if you:
- Breach any of these terms or any of our policies; or
- Act in a way that does not align with our values or that could cause Simply Listed harm.
Once your Simply Listed subscription has been cancelled you will no longer have access to your listing templates. You should ensure that you have downloaded all uploaded mockups before cancelling your Simply Listed subscription. We will retain your mockups for 4 Months before deleting them from our database.
8. Refunds
Except when required by law, paid Subscription fees are non-refundable.
9. Site Content
Our Service allows you to upload, edit and share your content (photos, sku etc.) You are responsible for Content that you post on or through Simply Listed, including its legality, reliability, and appropriateness.
By posting Content on or through Simply Listed, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Simply Listed.
10. Intellectual Property
Unless explicitly stated otherwise, as between you and Simply Listed LLC, Simply Listed LLC owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Simply Listed LLC, and all related names, product and service names, logos, slogans, and designs are my trademarks and you may not use these marks without my prior written permission.
All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
11. Links To Third Party Sites
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Simply Listed LLC either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
12. Advertisements and Links
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own.
You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Simply Listed LLC of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Simply Listed LLC 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 use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
13. Legal Policies
DISCLAIMER AND LIMITATION OF LIABILITY. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. Simply Listed LLC, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the Simply Listed Service but excluding any losses we incur arising out of our own gross negligence, willful misconduct or breach of contract.
Service interruptions. You acknowledge and agree that there may be interruptions in your use of the the Simply Listed Service, including planned downtime and unavailability caused by Internet service provider failures or delays, or any failures, delays or downtime caused by third party supplier and applications.
Consumer laws. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
14. Choice of Law and Venue
These Terms are governed by the laws of the State of Michigan without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Livingston County, Michigan.
15. Prohibited Uses
License, sublicense, sell, resell or otherwise commercially exploit or make the Simply Listed website available to any third party (except as expressly contemplated by these terms);
Use, or permit the use of, any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Simply Listed website
Use any data mining, robots or similar data gathering or extraction methods on or in relation to the Simply Listed Website
Access the Simply Listed website or any of the Applications or related systems and networks for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Simply Listed website
Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Applications or attempt to discover any source code or modify the Applications;
Use Simply Listed as a trademark or trade name in connection with your use of the Simply Listed website or mention Simply Listed in any of your Products, without our prior written consent.
16. Contact Us
This website is operated by Simply Listed LLC. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: our support app or Support@Simplylisted.io Thank you for visiting the Site!