Thanks for using Simplebooklet's products and services (“Services”).
Depending on which Services you use, additional terms and policies (including rules, guidelines and other similarly named documents) presented with those Services may apply (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. For example, if you use our survey services, the Survey Terms of Service apply. We refer to the combination of this TOU and any applicable Additional Terms collectively as these “Terms”.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
Certain country-specific terms in Section 14.3 may apply to you if you are located outside the United States.
1.1. Fees for Services. You agree to pay to Simplebooklet any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
1.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than Simplebooklet’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Simplebooklet for the Services without any reduction for Taxes. If Simplebooklet is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Simplebooklet with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Simplebooklet will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from Simplebooklet Europe Sarl for business reasons, and are located in a different European Union member state from Simplebooklet Europe Sarl. If you are required by law to withhold any Taxes from your payments to Simplebooklet, you must provide Simplebooklet with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. Simplebooklet may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Simplebooklet will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1.5. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
2.2. Confidentiality. Simplebooklet will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Simplebooklet); (b) was lawfully known to Simplebooklet before receiving it from you; (c) is received by Simplebooklet from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Simplebooklet without reference to your Content.
3.1. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Simplebooklet does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content. You grant Simplebooklet a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by Simplebooklet’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your Content in relation to certain Services such that Simplebooklet no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Simplebooklet with feedback about the Services, we may use your feedback without any obligation to you.
3.3. Copyright Claims (DMCA Notices). Simplebooklet Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Simplebooklet’s agent for claims of copyright infringement.
3.4. Other IP Claims. Simplebooklet respects the intellectual property rights of others, and we expect our users to do the same. If you believe a Simplebooklet user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
4.1. Simplebooklet IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by Simplebooklet’s Brand and Trademark Use Policy, these Terms do not grant you any right to use Simplebooklet’s trademarks or other brand elements.
5.1. User Content. The Services display content provided by others that is not owned by Simplebooklet. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Simplebooklet is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
5.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, Simplebooklet may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Simplebooklet otherwise has no obligation to monitor or review any content submitted to the Services.
5.3. Third Party Resources. Simplebooklet may publish links in its Services to internet websites maintained by third parties. Simplebooklet does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
6.1. Keep Your Password Secure. If you have been issued an account by Simplebooklet in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Simplebooklet, are responsible for any activity occurring in your account (other than activity that Simplebooklet is directly responsible for which is not performed in accordance with the Customer’s instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Simplebooklet immediately. Accounts may not be shared and may only be used by one individual per account.
6.2. Keep Your Details Accurate. Simplebooklet occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Simplebooklet will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. Simplebooklet may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
7.1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with Simplebooklet. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with Simplebooklet, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
7.2. Embargoes. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Simplebooklet.
8.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
8.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(b) You may not circumvent or attempt to circumvent any limitations that Simplebooklet imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
(c) Unless authorized by Simplebooklet in writing, you may not probe, scan, or test the vulnerability of any Simplebooklet system or network.
(d) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(e) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(f) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Simplebooklet will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Simplebooklet.
(g) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(h) Unless authorized by Simplebooklet in writing, you may not resell or lease the Services.
(i) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Simplebooklet has agreed with you otherwise. You may not use the Services in a way that would subject Simplebooklet to those industry-specific regulations without obtaining Simplebooklet’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Simplebooklet that permits you to do so.
9.1. By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
9.2. By Simplebooklet. Simplebooklet may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Simplebooklet may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Simplebooklet may decide that we need to take immediate action without notice. Simplebooklet has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If Simplebooklet stops providing the Services to you because you repeatedly or egregiously breach these Terms, Simplebooklet may take measures to prevent the further use of the Services by you, including blocking your IP address.
10.1. Changes to Terms. Simplebooklet may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Simplebooklet may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Simplebooklet to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
10.2. Changes to Services. Simplebooklet constantly changes and improves the Services. Simplebooklet may add, alter, or remove functionality from a Service at any time without prior notice. Simplebooklet may also limit, suspend, or discontinue a Service at its discretion. If Simplebooklet discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Simplebooklet may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11.1. Disclaimers. While it is in Simplebooklet’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND Simplebooklet DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Simplebooklet, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Simplebooklet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF Simplebooklet, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO Simplebooklet FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.5. Businesses. If you are a business, you will indemnify and hold harmless Simplebooklet and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
12.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Simplebooklet Inc.
12.2. Simplebooklet Inc. For any Service provided by Simplebooklet Inc., the following provisions will apply to any terms governing that Service:
Contracting Entity. References to “Simplebooklet”, “we”, “us”, and “our” are references to Simplebooklet Inc., located at 5132 Sandy Shore Avenue, Sarasota, Florida, 34242, United States of America.
Governing Law. Those terms are governed by the laws of the State of California (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Sarasota County, Florida, and the federal courts located in the Northern District of Florida with respect to the subject matter of those terms.
Assignment. You may not assign these Terms without Simplebooklet’s prior written consent, which may be withheld in Simplebooklet’s sole discretion. Simplebooklet may assign these Terms at any time without notice to you.
Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Simplebooklet, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors. The relationship between you and Simplebooklet is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
Protection of Children's contact information
Simplebooklet encourages teachers, parents and guardians to spend time online with their students and/or children. We urge teachers/parents to instruct their students/children to never give out their real names, addresses, or phone numbers without permission when using the Internet. We recognize the obligation to protect personal information obtained from children. In compliance with COPPA (the Children's Online Privacy Protection Act), we have adopted the following policies to keep kids safe (there are a few exceptions to these policies as noted below.
We have adopted the following policies to keep kids safe:
1. We will NOT knowingly collect, use, or distribute personally identifiable information from children under the age of 13 without prior verifiable consent from a teacher, parent or guardian.
2. Personally identifiable information we collect from children under the age of 13 will be used solely by BLACKFIN SOFTWARE or its agents for internal purposes only and will NOT be sold or otherwise distributed to third parties.
3. We will NOT knowingly allow children under the age of 13 access to chat rooms, message boards, email accounts, or other services within simplebooklet that would allow them to publicly post or otherwise distribute personally identifiable information without prior verifiable consent from a parent or guardian.
4. We will NOT knowingly ask a child under the age of 13 to divulge more information than is needed to participate in any activity, game, or service.
5. We will NOT knowingly keep any personally identifiable information that is inadvertently included in a child's email submission, help inquiry, or other one-time request, if we know that the child is under the age of 13. Information will be automatically purged or purged immediately after the issue has been resolved.
6. We will NOT knowingly post any personally identifiable information that is inadvertently included in a child's submission to a general audience contribution area if we know that the child is under the age of 13. These submissions will be deleted and handled anonymously thereafter.
7. We will NOT knowingly provide any direct link to websites that are unsuitable for children or teens.
8. We will advise children under the age of 13 that they MUST obtain permission from their parent or guardian before sharing ANY personal information.
9. Upon request, BLACKFIN SOFTWARE will provide a parent with a description of the information that may have been provided about their child during a registration process for a program or service of this site. BLACKFIN SOFTWARE only asks for a child's or teen's personal information if it is necessary to participate in the program or service.
Notification and Verifiable Parental Consent:
Before any personally identifiable information is collected, we will do our best to notify the parent or guardian that their child is participating. Notification will include the exact nature and intended use of the information we are collecting, as well as the opportunity for the parent or guardian to prevent the use of the information and the child's participation in the activity.
Exceptions to Verifiable Parental Consent:
There are few instances where we will NOT get verifiable parental consent, such as:
Requesting the contact information of a parent or guardian for the sole purpose of obtaining verifiable parental consent or providing notification to the parent or guardian;
Collecting a child's contact information solely to directly respond to the child's request on a one-time basis (for example, to provide assistance with a particular booklet functionality question), We will not use that information to re-contact the child for any other purpose (we will purge from our system the child's personal information after responding);
Collecting a child's contact information and the contact information of his/her parent or guardian solely to directly respond more than once to a specific request from the child (for example, to satisfy the request for a newsletter subscription). In this instance, the parent or guardian will be notified that the child made such a request and be informed of the information provided by the child. The parent or guardian will have an opportunity at any time to revoke the child's request (i.e., unsubscribe). We will not use the child's personal information to re-contact the child for any other purpose.
Users may send questions, suggestions or complaints (if any) concerning the Server services or these Conditions through the firstname.lastname@example.org.