Terms of Service

Last updated: May 2, 2017

The following terms and conditions govern all use of the SimpleCove website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SimpleCove's Privacy Policy) and procedures that may be published from time to time on this site by SimpleCove (collectively, the “Agreement”).

Please read this agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 Website or use any services. If these terms and conditions are considered an offer by SimpleCove, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a SimpleCove.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Your SimpleCove Account and Site

If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the site. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SimpleCove may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause SimpleCove liability. You must immediately notify SimpleCove of any unauthorized uses of your account or any other breaches of security. SimpleCove 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.

Responsibility of Contributors

If you operate an account, comment, post material(images included) to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the 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 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 account is not named in a manner that misleads others into thinking that you are another person or company; and

By submitting Content to SimpleCove for inclusion on the Website, you grant SimpleCove 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. If you wish to delete content, SimpleCove will use reasonable efforts to remove it from the 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, SimpleCove has the right (though not the obligation) to, in SimpleCove's sole discretion (i) refuse or remove any content that, in SimpleCove's reasonable opinion, violates any SimpleCove policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SimpleCove's sole discretion.

Responsibility of Website Visitors

SimpleCove has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, SimpleCove 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The 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. SimpleCove disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Copyright Infringement and DMCA Policy

As SimpleCove 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 SimpleCove violates your copyright, you are encouraged to contact SimpleCove. SimpleCove will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SimpleCove will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SimpleCove or others.

Intellectual Property

This Agreement does not transfer from SimpleCove to you any SimpleCove or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SimpleCove. The SimpleCove logo, and all other trademarks, service marks, graphics and logos used in connection with SimpleCove, are trademarks or registered trademarks of SimpleCove. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SimpleCove or third-party trademarks.

Advertisements

SimpleCove reserves the right to display advertisements on the Website.

Changes

SimpleCove 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SimpleCove may also, in the future, offer new services and/or features through the 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.

Termination

SimpleCove may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SimpleCove account, you may simply discontinue using the Website. 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.

Disclaimer of Warranties

The Website is provided “as is”. SimpleCove 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. SimpleCove does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk. You are not to rely on SimpleCove as a backup for your photos, images, comments or content. SimpleCove does not and cannot restore deleted images, content or comments.

Limitation of Liability

In no event will SimpleCove, 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 SimpleCove under this agreement during the twelve (12) month period prior to the cause of action. SimpleCove 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.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the SimpleCove Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless SimpleCove, 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 Website, including but not limited to your violation of this Agreement.

This Terms of Service was crafted from Wordpress's version, which is available under a Creative Commons Sharealike license. Although this policy is not unique, we share the same beliefs as Automattic.