Terms and Conditions -

Terms and Conditions

LifeSmpl.com Terms of Use

Latest Revisions: September, 16, 2024

Welcome to www.lifesmpl.com. LifeSmpl provides this website and mobile application to you subject to the following Terms of Use. Please read these Terms of Use carefully before using our website. By accessing or using this website or mobile application, you agree to comply with the Terms of Use outlined below. We reserve the right, at our discretion, to modify, update, or remove portions of these Terms of Use at any time. It is your responsibility to review these Terms of Use periodically for any changes. Continued use of this website or mobile application after changes have been posted, or by actively accepting any updates, constitutes your acceptance of those changes, regardless of whether you have reviewed them.

If you do not agree to any part of these Terms of Use, do not access or use this website or mobile application. If you have any questions regarding these Terms of Use, please contact us at biz@lifesmpl.com. The privacy policy of www.lifesmpl.com is incorporated by reference into these Terms of Use.

IMPORTANT – READ CAREFULLY: This is a legal agreement between you and LifeSmpl. By using this website or mobile application, or by accepting these Terms of Use when prompted, you agree to be bound by these terms and conditions. If you do not agree, please leave this website or mobile application immediately and refrain from further use.

License

LifeSmpl and its affiliated third parties, or those granting rights to LifeSmpl, retain full ownership and intellectual property rights to all materials on this website and its mobile application. These materials are protected by copyright and belong to LifeSmpl or its affiliates or licensors. LifeSmpl grants you a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and display these materials on your personal computer or handheld device solely for your personal interaction with the website or mobile application.

Except as expressly permitted in these terms, you are not authorized to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any way, nor are you allowed to reverse engineer or attempt to extract the source code of any software associated with the website, unless required by law or with LifeSmpl’s written consent. This limited license will automatically terminate if you violate these Terms of Use. Upon termination, you must promptly delete or destroy any downloaded or printed materials.

You acknowledge that you do not hold any ownership rights, including copyright, trademark, or other intellectual property rights, in the website, mobile application, or any of its materials. You further agree not to “frame” or “mirror” the website or mobile application, or any content from it, on another server or device without prior written permission from LifeSmpl. These Terms of Use remain effective for as long as you engage with any feature of the website or mobile application.

General Use Restrictions

In its commitment to promoting responsible online behavior, LifeSmpl reserves the right to take any actions it deems appropriate, at its sole discretion, in response to inappropriate use of its website and/or mobile application. You acknowledge that LifeSmpl may report any potentially illegal activities, as well as any reports of such behavior, to law enforcement authorities. When required by law, LifeSmpl will fully cooperate with law enforcement agencies in investigations involving alleged illegal activity related to its website or the Internet.

User Consent

You are fully responsible for any content you upload, publish, or display on this website or mobile application, including but not limited to profiles (such as your name, image, and likeness), reviews, submissions, messages, notes, text, photos, videos, listings, and other information (collectively referred to as “User Content”). You must not post or share User Content that you did not create or for which you do not have permission to post. You acknowledge that LifeSmpl may, but is not obligated to, review and remove any content from the website or mobile application, including User Content, at its sole discretion and without notice, for any reason or no reason, particularly if the content is deemed offensive, illegal, or violates the rights or safety of others. You are solely responsible for backing up and replacing any User Content you post or store on the website or mobile application, and LifeSmpl is not liable for any loss or damage to such content under any circumstances.

By posting User Content, you authorize LifeSmpl to make any copies necessary to facilitate its posting and storage. Additionally, by posting User Content, you grant LifeSmpl an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, display, reformat, translate, excerpt, and distribute your User Content. LifeSmpl reserves the right to modify, republish, or redistribute any User Content for purposes of improving and marketing its products, and will seek your consent before using User Content for any other purposes.

In relation to User Content, you agree not to: (i) post material that is copyrighted or subject to third-party proprietary rights unless you have the necessary permissions to do so; (ii) post false or misleading information; (iii) submit content that is illegal, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or promotes criminal conduct or civil liability; (iv) post advertisements or business solicitations; (v) create or submit unwanted emails (“Spam”); or (vi) impersonate another person. LifeSmpl does not endorse any User Content or opinions expressed therein and disclaims all liability related to User Content.

LifeSmpl enforces policies against copyright infringement and other intellectual property violations, and will remove infringing content when properly notified. Repeat infringers—those who have had content removed multiple times or received multiple notices of infringement—may have their access to the website or mobile application terminated. LifeSmpl also reserves the right to determine if User Content violates these Terms of Use for reasons beyond intellectual property violations, including but not limited to inappropriate content like pornography, obscene or defamatory material, or content of excessive length. LifeSmpl may remove such content and terminate your access at any time, without prior notice, at its sole discretion.

Indemnification for Unauthorized Activities

Any unauthorized use of materials on this website or mobile application may violate copyright, trademark, privacy, publicity laws, communications statutes, or other applicable laws and regulations, including third-party rights. You are solely responsible for your actions in connection with your use of this website or mobile application. By using this website or mobile application, you agree to indemnify and hold harmless Solid Ventures, its agents, employees, affiliates, licensors, and business partners from any and all costs, damages, liabilities, and expenses (including attorneys’ fees) arising directly or indirectly from any claim or demand by a third party related to (a) your use of the website or mobile application, (b) your violation of these Terms of Use, (c) your violation of applicable laws or regulations, or (d) your violation of any third-party rights.

Third Party Interaction and Links to Third Party Websites

By using this website or its mobile application, you may encounter links to third-party websites, services, and advertisements (collectively, “Third-Party Sites & Ads”). Unless otherwise indicated, any interaction, advertisement, purchase, or promotion, including the delivery of and payment for goods and/or services, and any related terms, conditions, warranties, or representations, are strictly between you and the relevant third party. LifeSmpl provides these Third-Party Sites & Ads solely for your convenience and does not review, endorse, monitor, or make any representations about them. Your use of Third-Party Sites & Ads is at your own risk. When you access these Third-Party Sites & Ads, their terms and policies, including those concerning privacy and data collection, will apply. It is your responsibility to conduct any necessary investigations before proceeding with any transaction involving these third parties.

You acknowledge that LifeSmpl bears no liability, obligation, or responsibility for any interaction, purchase, promotion, or correspondence between you and any third party, including third-party credit card processing agencies or payment processors. Additionally, LifeSmpl and its representatives do not endorse or warrant any third-party products, services, advice, or opinions that may be referenced, included, or linked to in its content.

You agree that LifeSmpl shall not be held responsible for any loss or damage resulting from your dealings with third-party organizations or individuals. In the event of a dispute between you and a third party, you agree that LifeSmpl has no obligation to intervene. By engaging in such disputes, you release LifeSmpl, its agents, affiliates, officers, directors, employees, successors, and assigns from any and all liability arising from the matter.

Privacy

The Privacy statement for LifeSmpl.com is available at https://www.lifesmpl.com/privacy-policy/

Intellectual Property

All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, related to this website and mobile application are owned by LifeSmpl or its licensors. Access to this website and/or mobile application does not grant you or any third party any rights, title, or interest in these intellectual property rights. LifeSmpl retains all rights not expressly granted in these Terms of Use.

By providing any feedback or suggestions (“Feedback”) about this website and/or mobile application to LifeSmpl, you assign all rights in that Feedback to LifeSmpl. You agree that LifeSmpl may use the Feedback and any related information in any way it sees fit. You also acknowledge that any Feedback you provide will be treated as non-confidential and non-proprietary. You affirm that you will not submit any information or ideas to LifeSmpl that you consider confidential or proprietary.

Copyright Policy

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, this website and mobile application have designated an agent to receive notices of claims of copyright infringement:

Life Smpl

Attn: Nic Roewert

958 South 220th St

Elkhorn, NE 68022

Telephone: 402-765-4055

Email: biz@lifesmpl.com

If you believe your copyright has been infringed, you may send us a written notification. To be valid, the notice must include the following:

A physical or electronic signature of the individual authorized to act on behalf of the owner of the copyright allegedly infringed.

Identification of the copyrighted work claimed to be infringed, or, if the notice addresses multiple copyrighted works on a single online site, a representative list of those works.

Identification of the material that is claimed to be infringing or involved in infringing activity, and sufficient information to enable us to locate the material.

Information sufficient to allow us to contact you, such as an address, telephone number, and, if available, an email address.

A statement that the complaining party believes in good faith that the use of the material is not authorized by the copyright owner, its agent, or the law.

A declaration that the information in the notice is accurate, and under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the copyright owner.

The company takes reasonable precautions to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, or destruction.

Trademarks and Images

The trademarks, logos, service marks, and any pictures, graphs, or photographs of products, people, or other objects (collectively referred to as “Trademarks and/or Images”) displayed on this website and/or mobile application are either registered or unregistered trademarks of LifeSmpl, its affiliates, or third parties. Where a Trademark and/or Image is owned by a third party, LifeSmpl or its affiliates have obtained or will obtain permission from the respective owner for its use on this website and/or mobile application. Nothing on this website and/or mobile application shall be interpreted as granting any license or right to use the Trademarks and/or Images without the express written consent of LifeSmpl, its affiliates, or the relevant third party. Any unauthorized use of the Trademarks and/or Images, or the contents of the website and/or mobile application, outside the scope of these Terms of Use, is strictly prohibited. LifeSmpl will vigorously protect its intellectual property rights related to the website, mobile applications, and their contents to the fullest extent of the law, including the possibility of pursuing criminal penalties.

Disclaimer of Warranties

Your use of this website and/or mobile application is at your own risk. The website and/or mobile application may contain inaccuracies or errors, and LifeSmpl has not independently verified or authenticated the content in whole or in part. LifeSmpl assumes no responsibility for any errors, inaccuracies, or omissions in the content, products, or services described on the website and/or mobile application, whether provided by LifeSmpl or third parties.

THIS WEBSITE AND/OR MOBILE APPLICATION IS PROVIDED “AS IS” AND “WHERE-IS,” WITHOUT ANY WARRANTY OF ANY KIND. LifeSmpl, along with any third parties providing materials, products, services, or content, makes no representations or warranties regarding the website or mobile application, including, but not limited to, the quality, accuracy, completeness, reliability, or suitability of any material, information, product, or service offered. Additionally, LifeSmpl does not guarantee that the website and/or mobile application will: (A) meet your expectations or requirements; (B) be available without interruption, in a timely, secure, or error-free manner; or (C) be free from viruses, harmful code, or other security risks. Due to the nature of the internet, LifeSmpl cannot ensure the absolute safety of information during transmission or while stored on our systems from potential intrusions, such as hacking.

LifeSmpl assumes no liability for any errors, interruptions, defects, delays, unauthorized access, or other issues related to the website and/or mobile application, including but not limited to those arising from failures of networks, systems, or technical problems such as traffic congestion or equipment malfunction. Any material you choose to download is at your own risk. LifeSmpl will not be responsible for any damage, including personal injury or death, resulting from your use of the website and/or mobile application, or from any content posted or actions of users on or off the platform. We reserve the right to edit or remove any content displayed on the website and/or mobile application at our discretion.

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED.

LifeSmpl will not be liable to you or any third party for any damages, whether direct, indirect, incidental, consequential, or punitive, arising from or related to the use or inability to use the website and/or mobile application, even if LifeSmpl has been advised of the possibility of such damages.

Some jurisdictions may not allow the exclusion of implied warranties, so certain provisions may not apply to you.

Exception for EU citizens

If you are a resident of the European Union, LifeSmpl does not exclude or limit its liability for death or personal injury caused by negligence.

LifeSmpl will not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control. These circumstances include, but are not limited to, disruptions to the World Wide Web or this website and/or mobile application, war, terrorism, sabotage, insurrection, riot, civil disobedience, strikes or labor shortages, actions by any government affecting the terms herein, accidents, fires, explosions, floods, hurricanes, severe weather, or other natural disasters.

Regardless of any provisions to the contrary in these Terms of Use, our total liability to you for any damages arising from or related to these Terms of Use (for any reason and regardless of the nature of the action) will always be limited to the greater of (a) Fifty US Dollars ($50.00), or (b) the total amount you have paid to LifeSmpl in the previous 12 months, if any. The presence of multiple claims will not increase this limit. You also agree that our affiliates will bear no liability in connection with these Terms of Use.

Inaccuracies or Errors

The descriptions, materials, submissions, and other representations of products or services on this website and/or mobile application may include inaccuracies or errors. LifeSmpl makes no warranty or representation regarding the accuracy or completeness of this information. Additionally, the prices and availability of products or services listed on this website and/or mobile application are subject to change at any time without prior notice.

Local Laws; Export Control

LifeSmpl manages and operates this website and mobile application from its headquarters in the United States and does not guarantee that the products or services described here are suitable or available for use in other regions. Unless otherwise specifically noted, all marketing and promotional materials on this website and/or mobile application are intended exclusively for individuals, companies, or entities within the United States. If you access this website or mobile application from outside the United States, you are responsible for ensuring compliance with any applicable local laws.

Submitting Content

If you want to submit an article or other content to this website and/or mobile application, please contact us with a description of the content you would like to submit and any additional detail you feel is pertinent to your proposal. Our publishing team will review your request and, if appropriate, respond to you for further information. If your article or content is approved, any such submissions you make are subject to our PRIVACY STATEMENT and these Terms of Use.

Contact Details: Contact us at 402-765-4055 or biz@lifesmpl.com

Third-Party Content Submissions

LifeSmpl.com may periodically publish content provided by third parties, including but not limited to articles, illustrations, photographs, and other media (“Third Party Content”), at its sole discretion. In certain cases, this content may contain personal identifying information of users or other individuals.

If you are a third party, such as a photographer, submitting Third Party Content to the website, you authorize LifeSmpl to make copies of the content as necessary to facilitate its posting and storage on the website or mobile application. By submitting Third Party Content, you automatically grant, and represent and warrant that you have the authority to grant, LifeSmpl an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, display, reformat, translate, excerpt (in whole or in part), and distribute the content. LifeSmpl also reserves the right to modify, translate, republish, reproduce, and distribute any submitted Third Party Content.

If your Third Party Content includes any personal identifying information of individuals, such as a photograph or a person’s name, you represent and warrant that you have obtained consent from the individual to submit this content. You agree to indemnify and hold LifeSmpl, its agents, employees, affiliates, licensors, and business partners harmless from any costs, damages, liabilities, or expenses (including attorney’s fees) arising from claims related to your submission or the publication of such Third Party Content on the website or mobile application.

If you are the subject of Third Party Content, including but not limited to the website’s Street Style section, and wish to request a revision or removal of the content, you may contact us at biz@lifesmpl.com. Please include (i) a brief description of the content in question, (ii) a statement of your requested action regarding the content, and (iii) your email address for follow-up communication. Your email address will only be used for purposes related to processing your request. Once your request has been processed, you will receive confirmation by email, including any applicable deletion of your personal identifying information.

Your Representations

You confirm and agree that you are at least 18 years old, that you have carefully reviewed these Terms of Use, and that you fully understand the conditions outlined in them. You also acknowledge that LifeSmpl has the right to rely on any information you provide and may contact you by email, provided you have registered to receive such communications and have not opted out after your initial registration, in accordance with our PRIVACY STATEMENT.

Furthermore, you agree not to use this website and/or mobile application to:

upload, transmit, or distribute any viruses, worms, or other harmful software designed to damage or alter computer systems or data;
collect or gather information about other users, including their email addresses, without their consent;
interfere with, disrupt, or place an undue burden on servers or networks connected to the website and/or mobile application, or violate the policies, regulations, or procedures of such networks;
attempt to gain unauthorized access to the website and/or mobile application, or to any systems or networks connected to it, through password mining or other methods;
tamper with any copyright protection mechanisms on the website and/or mobile application;
introduce software, automated agents, or scripts that create multiple accounts, generate automated searches or queries, or strip, scrape, or mine data from the website and/or mobile application (with the exception of public search engines, which are granted revocable permission to use spiders for creating searchable indices of the website’s materials, but not for caching or archiving such materials).

No Class Actions

To the extent permitted by law, you waive any right to pursue disputes on a consolidated or class-wide basis. This means you cannot join your claim with another person’s or entity’s claim or represent anyone else in a lawsuit, arbitration, or any other proceeding.

Additionally, you agree not to use this website and/or mobile application to:

Upload, transmit, or distribute any viruses, worms, or malicious software intended to harm or alter computer systems or data;

Collect or gather information about other users, including email addresses, without their consent;

Interfere with or disrupt servers or networks connected to the website and/or mobile application, or violate the policies or procedures of those networks;

Attempt to gain unauthorized access to this website and/or mobile application, or to any other systems or networks connected to it, by password mining or other means;

Tamper with copyright protection mechanisms related to content on the website and/or mobile application;

Introduce software, automated agents, or scripts to create multiple accounts, generate automated searches, requests, or queries, or to extract or mine data from the website and/or mobile application (with the exception that operators of public search engines are granted revocable permission to use spiders to copy materials for the sole purpose of creating publicly available searchable indices, but not caches or archives).

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Terms of Use Revisions

LifeSmpl reserves the right to modify these Terms of Use at any time by updating this notice. By continuing to use the website and/or mobile application after such updates, or by affirmatively accepting the changes where applicable, you agree to the revised Terms of Use.

Applicable Law

Any legal action related to these Terms of Use will be governed by the laws of the State of Nebraska, without regard to any principles of choice or conflicts of law from other jurisdictions. You agree to submit to the jurisdiction of the courts located in Lincoln, Nebraska, USA, for the resolution of any disputes arising from or relating to these Terms of Use, your use of the website, or the mobile application.

In the event either party files a claim for breach of these Terms of Use, and we prevail, LifeSmpl and its affiliates are entitled to recover reasonable attorneys’ fees, costs, and any damages or other relief granted.

Should we be required to provide information in response to a subpoena related to your account or license, we reserve the right to charge you for associated costs. These may include, but are not limited to, attorneys’ fees, employee time for record retrieval, document preparation, and participation in depositions.

Entire Agreement

These Terms of Use, along with the PRIVACY STATEMENT, constitute the entire agreement between you and us regarding the use of this website and/or mobile application. Our decision not to enforce any right or provision within these Terms of Use does not constitute a waiver of that right or provision. The section headings in these Terms of Use are provided for convenience and carry no legal or contractual significance. The term “including” is intended to mean “including without limitation.” If any provision of these Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will remain in full effect, and the invalid or unenforceable provision will be adjusted to the extent necessary to ensure its validity and enforceability to the maximum extent allowed by law. Neither you nor LifeSmpl., nor its affiliates, shall be considered an agent or partner of the other. You may not assign, subcontract, delegate, or otherwise transfer your rights and obligations under these Terms of Use without prior written consent from LifeSmpl. Any attempt to do so in violation of this restriction will be null and void. These Terms of Use are binding upon any permitted assignees.