Terms & Conditions

Created on: 05/25/2018

Simply Stylus

  1. General: We reserve the right to refuse service to anyone at any time for any reason.

    • Description: Simply Stylus, LLC (“Service”) is a visually rich proprietary, cloud-based software platform that provides Users the tools to outline, organize and write fiction or non-fiction novels, memoirs, biographies and/or stories.

    • Updates and Edits to Software and Service: We reserve the right to make necessary, unscheduled deployments of modifications, updates, simplifications or improvements to the service at any time and/or without notice. We may add or remove functionality and/or features as we see best and may suspend or stop Service at any time at our discretion.

    • Accessibility and Functionality: You agree that there may be times when the Service may be inaccessible or inoperable for any reason, including, without limitation: (a.) software malfunctions; (b.) hardware malfunctions; (c.) routine maintenance procedures or repairs which Simply Stylus, LLC; or (d.) causes beyond the reasonable control of Simply Stylus, LLC or which causes are not reasonably foreseeable by Simply Stylus, LLC. Simply Stylus, LLC is not responsible, directly or indirectly, for the performance and/or reliability of third-party vendor/distributor systems, equipment or otherwise, or your Internet Service Provider (“ISP”).

    • The Service, including, but not limited to the website and the entirety of its content and resources, is provided “AS IS” and Simply Stylus, LLC hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability, title, non-infringement, and qualification for a particular use. Simply Stylus, LLC disclaims any representation that: (a.) the Service will meet your requirements; (b.) access to the Service will be error free, uninterrupted, timely or secure; (c.) information obtained through or from the Service will be accurate or dependable; (d.) quality of any products, services, information, or other material purchased or obtained by you through the Service will meet expectations; and (e.) any data or software errors will be corrected.

  1. Subscription, Pricing and Refunds: Subscription: In order to use the Service, you must subscribe. At subscription you must provide your legal full name and any other data requested through the subscription process. All identify data must be valid and must be kept current as it changes.

  • By Subscribing you agree to:

      1. Stay in compliance with these Terms & Conditions at all times.

      2. Make reasonable efforts to keep your login and password secure in order to prevent unauthorized access of your data.

      3. Be the only user under your account. Accounts cannot be shared.

      4. Take responsibility for any and all activity occurring in your account.

  • Pricing: Simply Stylus, LLC offers two auto-renewing subscriptions options: $9.95/month and 99.95/year. By subscribing you agree that your Simply Stylus, LLC subscription will automatically renew at the end of each term and your credit/debit card will be charged (monthly for the monthly subscriptions and annually for the annual subscriptions).

  • No refunds : You are free to cancel service at any time before the end of the applicable subscription period, but no refunds will be provided for any unused portion of the term for any reason.

  1. Rights, Responsibilities and Liabilities: Simply Stylus, LLC is not responsible for lost work, even if the website malfunctions or is shut down at our discretion. User is responsible for saving work outside of the software. User is responsible for any copyright issues, plagiarism, etc. associated with the content of their account. User owns the rights to the content created and stored in their account. In order to deliver best service to user, Simply Stylus, LLC may need access and use of User content. Simply Stylus, LLC reserves the right to modify Terms & Conditions and Privacy Policy at any time for any reason which includes, but is not limited to, retraction of certain features and functionalities. User is being granted limited, non-exclusive, non-transferable, non-sublicenseable and revocable rights to use and access Simply Stylus, LLC and only for purposes intended by Simply Stylus, LLC.

  • Proprietary Rights: Graphics, graphic interfaces, design, compilation, information, computer code, source code, products, software, services, and all other elements of the Simply Stylus, LLC service (excluding any licenses granted to Simply Stylus, LLC hereunder by third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless specifically authorized in writing by Simply Stylus, LLC, User agrees not to sell, license, modify, distribute, reproduce, publicly display or reproduce content from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any purpose is prohibited without prior written permission from Simply Stylus, LLC. Any rights not specifically granted herein are reserved.

  • Exchanges with Other Service Users: You are solely responsible for interactions with other Service users. Simply Stylus, LLC shall not be responsible for any damage or harm resulting from your relations with other users of the Service. You understand that Simply Stylus, LLC does not screen users. Simply Stylus, LLC shall not be responsible for any behavior of any user of the Service.

  • Equipment: You shall be exclusively responsible for providing, maintaining, and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for your use of the Service including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Service.

  • Simply Stylus, LLC shall not be held responsible for technical malfunctions of any systems, including technical systems, hardware, server, provider, or software. Simply Stylus, LLC shall not be held responsible for any harm or damage to your computer or mobile device resulting from use of the service including, but not limited to, web page viewing, downloading, server use or access, or following Service links. You access the Service at your own risk and are solely responsible for any loss, damage, or costs incurred during such activity. Simply Stylus, LLC shall not be responsible for any incorrect or inaccurate content posted on the Service, regardless of the cause of such inaccuracy. Simply Stylus, LLC shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, theft, destruction, or modification of your communication or User Content.

  • Limits on Liability: To the maximum extent permitted under applicable law, Simply Stylus, LLC, its affiliates, directors, employees, agents, licensors, successors, or assigns (“Simply Stylus, LLC Parties”) shall not be liable, to User or any party claiming through you, under any circumstances or under any legal theory, for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to: (a.) the Service’s availability; (b.) the acts, omissions, or conduct of any user or third party, whether online or offline; (c.) any Service or User Content; (d.) these Terms & Conditions; (e.) lost profits, revenue, goodwill, content or data; or (f.) any use of goods or services made available on any internet resource or webpage linked through the Service, even if the Simply Stylus, LLC parties have been advised of the possibility of such damages.

  1. Restrictions: User may not use resources, available through the Simply Stylus, LLC for unauthorized purposes. User may not try to interfere with or impair the software including but not limited to the use of malware, spyware, viruses, harmful code, flood pings, denial of service attacks, or any systems that in any way reduce or circumvent the navigational structure or presentation of Simply Stylus, LLC or its content. User may not modify, sublicense, translate, sell, reverse engineer, decipher, or otherwise disassemble any part of the software or assist or attempt to assist any third party in doing the foregoing.

  1. Legal: The Simply Stylus, LLC parties’ collective liability to the User in any matter arising from or related to the Service or the Terms & Conditions or Privacy Policy, shall not exceed the total amounts paid by you to Simply Stylus, LLC for the Service in the twelve (12) months immediately preceding the event giving rise to such liability. To the extent permitted by law, any claim related to Terms & Conditions, Privacy Policy or the Service must be brought within one year of the date in which the claim first could be filed. If it is not, then that claim is permanently barred. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Simply Stylus, LLC’s liability is limited to the extent permitted by law.

  • Release: In consideration of being permitted to access and use the Service, you hereby agree to release the Simply Stylus, LLC Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind, known and unknown, arising out of or in any way related to disputes between you and third parties in connection with the Service or your access and use of the Service.

  • Indemnification: You agree to indemnify and hold harmless the Simply Stylus, LLC Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: (a.) any third party claim against any Simply Stylus, LLC Party alleging that the User Content posted or submitted to the Service infringes any of the third party’s rights; (b.) your breach of any provisions to these Terms & Conditions and/or any representation or warranty identified herein; (c.) the User Content you submit to the Service; or (d.) any cost or expense Simply Stylus, LLC incurs in enforcing this term. Simply Stylus, LLC reserves the right to control the defense and settlement of any action or proceeding against any Simply Stylus, LLC Party that you are bound to defend pursuant to the foregoing.

  1. Term and Termination: These Terms & Conditions commence immediately upon visiting the Service site or subscribing to the Service. Simply Stylus, LLC in its sole discretion, may terminate your access to the Service at any time for any reason including a material, uncured breach of these Terms & Conditions. You agree that, upon termination of your access to the Service for breach: (a.) Simply Stylus, LLC may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and (b.) restrict any subsequent access to the Service or User Content. You agree that Simply Stylus, LLC shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Service access. Simply Stylus, LLC reserves the right to block users from certain IP addresses from accessing the Service. All provisions of these Terms & Conditions that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses). All provisions relating to payment of fees, ownership, confidentiality, as well as any definitions, shall survive termination of these Terms & Conditions for an indefinite period. Simply Stylus, LLC reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service or the Service in its entirety without prior notice and at its sole discretion. You agree that Simply Stylus, LLC shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.

  1. Miscellaneous:

  • Marketing and business communications: We use the information we collect or receive to communicate directly with you. We will send you an email requesting your express consent to send newsletters, promotions and special offers. If you do not want to receive such email messages, you may refuse consent. If you do give your express consent, you will be able to opt-out at any time by hitting the “unsubscribe” button at the bottom of all emails. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt-out of Service-related emails.

  • Legal Jurisdiction. These Terms & Conditions will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Texas without regard to conflicts-of-laws principles that would require the application of any other law. The parties agree that any action brought by a party to enforce or adjudicate the rights of the parties under this Agreement shall be brought in the federal or state courts located in Houston, Texas.

  • Links to other websites and services: We are not responsible for the practices of outside websites or services linked to or from Simply Stylus, LLC, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your actions on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third-party’s own policies. We are not responsible for and we do not control any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

  • Severability. If any provision – or portion of a provision – of these Terms & Conditions is held invalid, unenforceable, or void, the remainder of the Terms & Conditions shall remain unaffected and shall continue in full force and effect.

  • Merger. These Terms & Conditions represent the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written. The parties acknowledge that they have not relied on any promises, representations, or warranties, express or implied, not contained in These Terms & Conditions. No waiver or any breach of these Terms & Conditions shall be construed as a continuing waiver or consent to any subsequent breach hereof.

  • If you have any questions about these Terms & Conditions please contact us at info@simplystylus.com .

  • Simply Stylus, LLC reserves the right to change, update and/or modify these Terms & Conditions at any time and at its sole discretion. Review this page regularly for updates. When we change the Terms & conditions in a material manner we will let you know and update the ‘Created on’ date to an “Updated on” date at the top of these Terms & Conditions. Changes are effective upon posting the updated version of these Terms & Conditions. Your continued access and use of any part of the Service constitutes your acceptance of such changes and modifications. If you are not in agreement with any changes or updates, you must cancel your use of the Service. Simply Stylus, LLC may add new services or products in the future all of which will be subject to these Terms & Conditions.