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SimplicityBlocks™ Terms of Service

Thank you for using SimplicityBlocks! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using SimplicityBlocks. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

Summary

Section

What can you find there?

A. Definitions

Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.

B. Account Terms

These are the basic requirements of having an Account on SimplicityBlocks.

C. Acceptable Use

These are the basic rules you must follow when using your SimplicityBlocks Account.

D. User-Generated Content

You own the content you post on SimplicityBlocks. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.

E. Intellectual Property Notice

This describes SimplicityBlocks's rights in the website and service.

F. Payment

You are responsible for payment. We are responsible for billing you accurately.

G. Cancellation and Termination

You may cancel this agreement and close your Account at any time.

H. Communications with SimplicityBlocks

We only use email and other electronic means to stay in touch with our users. We do not provide phone support.

I. Disclaimer of Warranties

We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

J. Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

K. Release and Indemnification

You are fully responsible for your use of the service.

L. Changes to these Terms of Service

We may modify this agreement, but we will give you 30 days' notice of material changes.

M. Miscellaneous

Please see this section for legal details including our choice of law.

The SimplicityBlocks Terms of Service

Effective date: November 16, 2020

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

1.          An "Account" represents your legal relationship with SimplicityBlocks. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on SimplicityBlocks. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.

2.          The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the SimplicityBlocks Privacy Statement, available at SimplicityBlocks.com/privacy) and procedures that we may publish from time to time on the Website.

3.          "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.

4.          “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

5.          “SimplicityBlocks,” “We,” and “Us” refer to SimplicityBlocks, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

6.          The “Service” refers to the applications, software, products, and services provided by SimplicityBlocks, including any Beta Previews.

7.          “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.

8.          The “Website” refers to SimplicityBlocks’s website located at SimplicityBlocks.com, and all content, services, and products provided by SimplicityBlocks at or through the Website. It also refers to SimplicityBlocks-owned subdomains of SimplicityBlocks.com, such as www.SimplicityBlocks.com.

B. Account Terms

Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

             Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.

             Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

3. Account Requirements

We have a few simple rules for User Accounts on SimplicityBlocks's Service. - You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts: - A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account. - One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). - You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. SimplicityBlocks does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. - Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows. - You may not use SimplicityBlocks in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use SimplicityBlocks if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. SimplicityBlocks may allow persons in certain sanctioned countries or territories to access certain SimplicityBlocks services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you. - You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account). - You are responsible for maintaining the security of your Account and password. SimplicityBlocks cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. - You will promptly notify SimplicityBlocks if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

5. Additional Terms

In some situations, third parties' terms may apply to your use of SimplicityBlocks. For example, you may be a member of an organization on SimplicityBlocks with its own terms or license agreements; you may download an application that integrates with SimplicityBlocks; or you may use SimplicityBlocks to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

If you are a government User or otherwise accessing or using any SimplicityBlocks Service in a government capacity, this Government Amendment to SimplicityBlocks Terms of Service applies to you, and you agree to its provisions.

If you have signed up for SimplicityBlocks Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions.

C. Acceptable Use

Short version: SimplicityBlocks hosts a service that allows you to create embeddable web widgets. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. You must have rights to the widget you are distributing.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

1. Compliance with Laws and Regulations

You are responsible for using the Service in compliance with all applicable laws, regulations, and all of our Acceptable Use Policies. These policies may be updated from time to time and are provided below.

2. Content Restrictions

·         Under no circumstances will Users upload, post, host, execute, or transmit any Content using the SimplicityBlocks service that:

·         is unlawful or promotes unlawful activities;

·         is or contains sexually obscene content;

·         is libelous, defamatory, or fraudulent;

·         is discriminatory or abusive toward any individual or group;

·         gratuitously depicts or glorifies violence, including violent images;

·         is or contains false, inaccurate, or intentionally deceptive information that is likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);

·         contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

·         infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right.

3. Conduct Restrictions

While using the Service, under no circumstances will you:

·         harass, abuse, threaten, or incite violence towards any individual or group, including our employees, officers, and agents, or other users;

·         post off-topic content, or interact with platform features, in a way that significantly or repeatedly disrupts the experience of other users;

·         use our servers for any form of excessive automated bulk activity (for example, spamming or cryptocurrency mining), to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

·         use our servers to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network;

·         impersonate any person or entity, including any of our employees or representatives, including through false association with SimplicityBlocks, or by fraudulently misrepresenting your identity or site's purpose; or

·         violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Services Usage Limits

You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

5. Privacy

Misuse of User Personal Information is prohibited.

Any person, entity, or service collecting data from the Service must comply with the SimplicityBlocks Privacy Statement, particularly in regards to the collection of User Personal Information. If you collect any User Personal Information from the Service, you agree that you will only use that User Personal Information for the purpose for which that User has authorized it. You agree that you will reasonably secure any User Personal Information you have gathered from the Service, and you will respond promptly to complaints, removal requests, and "do not contact" requests from us or other users.

6. Excessive Bandwidth Use

The Service's bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be significantly excessive in relation to other users of similar features, we reserve the right to suspend your Account, or limit your activity until you can reduce your bandwidth consumption. We also reserve the right—after providing advance notice—to delete blocks that we determine to be placing undue strain on our infrastructure.

8. Spam and Inauthentic Activity on SimplicityBlocks

Automated excessive bulk activity and coordinated inauthentic activity, such as spamming, are prohibited on SimplicityBlocks. Prohibited activities include:

·         bulk distribution of promotions and advertising prohibited by SimplicityBlocks terms and policies

·         inauthentic interactions, such as fake accounts and automated inauthentic activity

·         rank abuse, such as automated starring or following

·         creation of or participation in secondary markets for the purpose of the proliferation of inauthentic activity

·         using SimplicityBlocks as a platform for propagating abuse on other platforms

·         phishing or attempted phishing

SimplicityBlocks reserves the right to remove any Content in violation of this policy.

9. User Protection

You must not engage in activity that significantly harms other users. We will resolve disputes in favor of protecting users as a whole.

 D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. SimplicityBlocks May Remove Content

We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or SimplicityBlocks terms or policies. User-Generated Content displayed on SimplicityBlocks for mobile may be subject to mobile app stores' additional terms.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant SimplicityBlocks the right to sell Your Content.

E. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. SimplicityBlocks's Rights to Content

SimplicityBlocks and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Mifo Communications (dba SimplicityBlocks). All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from SimplicityBlocks.

2. SimplicityBlocks Trademarks and Logos

If you’d like to use SimplicityBlocks’s trademarks, you must contact us for permission.

F. Payment

Short version: You are responsible for any fees associated with your use of SimplicityBlocks. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available at SimplicityBlocks.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

             When you upgrade from the free test plan to any paying plan you will be billed for usage on a monthly basis.

             If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. You will be billed for any usage used before downgrading your account.

3. Billing Schedule; No Refunds

Payment Based on Metered Usage For monthly plans, the Service is billed at the end of the monthly period based on metered usage and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card for fees that you authorize for SimplicityBlocks.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay SimplicityBlocks any charge incurred in connection with your use of the Service. If you dispute the matter, contact SimplicityBlocks Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

G. Cancellation and Termination

Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with SimplicityBlocks. You can cancel your Account at any time by going into your account and sending a support request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. SimplicityBlocks May Terminate

SimplicityBlocks has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. SimplicityBlocks reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. Communications with SimplicityBlocks

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to SimplicityBlocks Must Be in Writing

Communications made through email or SimplicityBlocks Support's messaging system will not constitute legal notice to SimplicityBlocks or any of its officers, employees, agents or representatives in any situation where notice to SimplicityBlocks is required by contract or any law or regulation. Legal notice to SimplicityBlocks must be in writing and served on SimplicityBlocks's legal agent.

3. No Phone Support

SimplicityBlocks only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

I. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

SimplicityBlocks provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

SimplicityBlocks does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

J. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

             the use, disclosure, or display of your User-Generated Content;

             your use or inability to use the Service;

             any modification, price change, suspension or discontinuance of the Service;

             the Service generally or the software or systems that make the Service available;

             unauthorized access to or alterations of your transmissions or data;

             statements or conduct of any third party on the Service;

             any other user interactions that you input or receive through your use of the Service; or

             any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

K. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release SimplicityBlocks from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that SimplicityBlocks (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases SimplicityBlocks of all liability); and (3) provides to you all reasonable assistance, at your expense.

L. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your SimplicityBlocks account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

M. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and SimplicityBlocks and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and SimplicityBlocks agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Diego, California.

2. Non-Assignability

SimplicityBlocks may assign or delegate these Terms of Service and/or the SimplicityBlocks Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of SimplicityBlocks to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of SimplicityBlocks, or by the posting by SimplicityBlocks of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the SimplicityBlocks Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and SimplicityBlocks relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Contact us.