As Simple As That
Celebrating
What We All Share
July 2, 2009

Terms of Service

1. Acceptance of Terms

As Simple As That ™ operates under the following Terms of Service ("TOS"), which we update from time to time without necessarily notifying you directly. You can review the most current version of the TOS at any time at: http://www.simpleasthat.com/content/terms.php

As Simple As That ™ reserves the right at any time to, among other things:

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you have any questions or comments about these TOS, please email us at customercare@simpleasthat.com

2. Description of Service

As Simple As That ™ provides a variety of content and discussion board services (the "Services"). The site may include advertisements, which are necessary to help support the Service. In order to provide the Service, As Simple As That ™ may send certain communications such as service announcements and administrative messages to its registered users; these communications are considered part of As Simple As That ™ membership, and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new As Simple As That ™ properties, shall be subject to these TOS.

Message Boards

As Simple As That ™ hosts message boards and other public forums on the Site. Members are expected to abide by the Rules of Conduct that are set forth at www.simpleasthat.com/rules-of-conduct.html. Members who fail to comply with the Rules of Conduct or Terms of Service may be expelled from participating the As Simple As That ™, and their access to the site may be restricted or terminated. As Simple As That ™ may remove or change any member-created content at any time, for any reason.

Message boards and other public forums are intended to serve as a discussion center for Members. Information provided in these forums may be posted by As Simple As That ™ staff, outside contributors, and by contributors or users not connected with As Simple As That ™, some of whom may use anonymous screen names. People may post messages or make statements in these forums that are inaccurate, misleading or deceptive, whether intentionally or unintentionally. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION OR STATEMENT MADE OR DISPLAYED IN THESE FORUMS BY THIRD PARTIES, NOR ARE WE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH POSTINGS, OR FOR HYPERLINKS EMBEDDED IN MESSAGES.

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, SUPPLIERS OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED IN THESE FORUMS. THE OPINIONS EXPRESSED IN THESE FORUMS ARE SOLELY THE OPINIONS OF THE PARTICIPANTS, AND DO NOT REFLECT THE OPINIONS OF As Simple As That ™ OR ANY OF ITS SUBSIDIARIES OR AFFILIATES.

Monitoring

We have no obligation to monitor message boards or any other materials that you or third parties transmit or post on or to the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the materials you transmit or post; to alter or remove any such materials (including any posting to a message board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; and to comply with legal obligations or governmental requests.

Making Purchases

Certain products or services may be offered for sale on the Site. You may be asked by As Simple As That ™ or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide As Simple As That ™ or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter into in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for all applicable taxes on any such purchases.

Descriptions, images or listings of, or links or references to, products or services on the Site ("Offerings") do not imply As Simple As That ™'s endorsement of such products or services. We reserve the right, without prior notification, to change such Offerings (including without limitation any prices or available quantities), or to limit the order quantity on any product or service and/or refuse to service you.

Sweepstakes, Contests and Games

Any sweepstakes, contests and games ("Activities") that are available through the Site are governed by specific rules, which are linked from the particular Activity. By entering such Activities, you are subject to those rules-please remember to read them carefully.

3. Your Registration Obligations

As a condition to our allowing you to use As Simple As That ™, you agree to provide true, accurate, current and complete information about yourself as requested in our registration form (the "Registration Data"). Information you are required to provide includes your email address, member name and password. You may also wish to provide other information. You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if As Simple As That ™ has reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete, As Simple As That ™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason.

4. Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy, which is incorporated herein by reference. For more information, see our full privacy policy at http://www.simpleasthat.com/content/privacy.php. Parents and guardians, please note that our Privacy Policy also provides information for your review concerning the use of our site by children under the age of 13. As Simple As That ™ reserves the right to offer you third party services and products based on the preferences that you identify during the registration process.

5. Rules of Conduct

While using the Site or any services on or through the Site, you agree to abide by the Rules of Conduct located at www.simpleasthat.com/rules-of-conduct.html. Be sure to review the Rules of Conduct periodically to ensure that you are aware of the most current version. These Rules apply to you whether you are 2 or 102 years of age, and are meant to ensure that everyone can have an enjoyable experience at our website.

6. Member Account, Password, and Security

You will receive a password and account upon completing the Service's registration process. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT, AND ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT (INCLUDING WITHOUT LIMITATION PURCHASES), WHETHER BY YOU OR ANYONE ELSE USING YOUR ACCOUNT. YOU AGREE TO (A) IMMEDIATELY NOTIFY As Simple As That ™ OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT OR ANY OTHER BREACH OF SECURITY, AND (B) ENSURE THAT YOU EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION. As Simple As That ™ CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO KEEP YOUR ACCOUNT SECURE.

PARENTS AND GUARDIANS - Please note that if you have a child under the age of 13, that child can sign up as a Member of As Simple As That ™. However, if a child under 13 registers with us, we send an email notification to a parent or guardian. In addition, we require parents to give express permission before we before we will allow their children to use message boards and other features where personally identifiable information can be made public to the Internet and shared with users of all ages. We also give parents 48 hours to refuse any registrations kids make in order to play games and contests. If we don't hear back, we assume it is fine for a child to be registered with us. Once a child has registered, the child will be allowed to enter any future registration-based games and contests, and parents aren't notified again. For more information concerning the ability of parents and guardians to monitor their children under 13 on our site, please see the relevant section of our Privacy Policy at www.simpleasthat.com/privacy-policy.html.

7. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which the Content originated. This means that you, and not As Simple As That ™, are entirely responsible for all Content that you upload, download, post, or otherwise make available via the Service. As Simple As That ™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. UNDER NO CIRCUMSTANCES WILL As Simple As That ™ BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a As Simple As That ™ official, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, or otherwise make available any Content that you do not have a right to make available under any law or under contractual relationships;
  6. upload, post, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. "stalk" or otherwise harass another user; or
  12. collect or store personal data about other users.

You acknowledge that while As Simple As That ™ does not pre-screen Content, the Service and its designees have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content that is available via the Service. As Simple As That ™ may preserve Content, and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of As Simple As That ™, its users and the public.

7. International Use

Recognizing the global nature of the Internet and of this site, you agree to comply with all local rules regarding online conduct and acceptable Content.

As Simple As That ™ makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right limit the availability of the Site and/or provision of any Offering described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Offering that we provide.

8. Content Submitted to As Simple As That ™ by its Members

In consideration for As Simple As That ™ allowing you to use the Service, when you submit Content or make it available for inclusion on publicly accessible areas of the Service, you grant As Simple As That ™ a world-wide, royalty free, perpetual, irrevocable, fully sub-licensable and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part), and to incorporate such Content into other works in any format or medium now known or later developed.

9. Indemnity

You agree to indemnify and hold As Simple As That ™, and its employees, subsidiaries, affiliates, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, including any violation of the Rules of Conduct that are set forth at http://www.simpleasthat.com/content/terms.php, any allegation that any materials that you submit to As Simple As That ™ infringe or otherwise violates the copyright, trade secret, trademark or other intellectual property rights of a third party, or your violation of any rights of another user

.

10. No resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. Termination

You agree that As Simple As That ™, in its sole discretion, may terminate your password, account, or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if As Simple As That ™ believes that you have violated or acted inconsistently with the letter or spirit of the TOS. We do not need to give you notice that your account has been terminated.

12. Dealings with Advertisers

Your dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. You agree that As Simple As That ™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. Links

The Service or third parties using the Service may provide links to other Web sites or resources. As Simple As That ™ has no control over such sites and resources and has not reviewed or approved any content appearing on such sites. You acknowledge and agree that As Simple As That ™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

14. As Simple As That ™'s Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by As Simple As That ™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

As Simple As That ™ grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by As Simple As That ™ for use in accessing the Service.

None of the information disclosed in Message Boards or other Registered User provided Content shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of such information or Content.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. As Simple As That ™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. As Simple As That ™ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM As Simple As That ™ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT As Simple As That ™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. Trademark Information

The As Simple As That ™ logo and its product and service names are trademarks of As Simple As That ™. You agree not to display or use these marks in any manner without prior permission.

18. Copyrights

As Simple As That ™ respects the intellectual property of others, and we ask our users to do the same. If you seriously believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify As Simple As That ™. We will need:


1. a description of the copyrighted work or other intellectual property that you believe has been infringed;
2. a description of where the material that is located on the Site;
3. your address, telephone number, and email address;
4. a statement signed by you, made under penalty of perjury, that you have a good faith reason to believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and that the information you are disclosing to us is accurate, and that you are the copyright or intellectual property owner or agent authorized to act on the owner's behalf.

As Simple As That ™'s copyright agent and contact information:
Copyright agent - Deb Capone
Email address - customercare@simpleasthat.com
Mailing address - Deb Capone
As Simple As That ™
P.O. Box 31
Manhasset, NY 11954

If you in good faith believe that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Please include the applicable information as noted in items 1.-4. above, and address your counter-notice to the above address.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false notice or counter-notice claims.

19. General Information

The TOS constitute the entire agreement between you and As Simple As That ™ and governs your use of the Site and Web Services, superseding any prior agreements between you and As Simple As That ™. The TOS and the relationship between you and As Simple As That ™ shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You and As Simple As That ™ agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the country of New York in the State of New York and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of As Simple As That ™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.

Legal Notices - Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing Information - Current rates for our products and services may be obtained by contacting us at customercare@simpleasthat.com. We reserve the right to change fees or surcharges or to institute new fees at any time as provided in this Agreement.

Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Last revised: August 01, 2002



E-Mail This to a Friend
Top | Home | Privacy Policy | Terms of Use | Contact Us


Copyright © 2002-2007 As Simple As That®. All Rights Reserved.
Reproduction in whole or in part in any form or medium without express written permission of As Simple As That® is prohibited.