Terms of Use

PLEASE READ THESE CONTENT PROVIDER TERMS & CONDITIONS CAREFULLY BEFORE UPLOADING ANY CONTENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PROVIDE ANY CONTENT OR USE THE SITE.  THE SUBMISSION OF ANY CONTENT BY CONENT PROVIDER IS CONSTRUED AS AN ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

SimplyG.com / BeachLifestyle is a social website that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by SimplyG.com / BeachLifestyle. By using the SimplyG.com / BeachLifestyle Website you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). If you wish to become a Member, communicate with other Members and make use of the SimplyG.com / BeachLifestyle services (the “Service”), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.  SimplyG.com / BeachLifestyle may modify this Agreement from time to time and such modification shall be effective upon posting by SimplyG.com / BeachLifestyle on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes SimplyG.com / BeachLifestyle’s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and SimplyG.com / BeachLifestyle’s Privacy Policy.

Please choose carefully the information you post on SimplyG.com / BeachLifestyle and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other SimplyG.com / BeachLifestyle Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and SimplyG.com / BeachLifestyle assumes no responsibility nor liability for this material.

SimplyG.com / BeachLifestyle reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without lability.

By participating in any offline SimplyG.com / BeachLifestyle event, you agree to release and hold SimplyG.com / BeachLifestyle harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline SimplyG.com / BeachLifestyle event.

1) Your Interactions.

You are solely responsible for your interactions and communication with other Members. You understand that SimplyG.com / BeachLifestyle does not in any way screen its Members, nor does SimplyG.com / BeachLifestyle inquire into the backgrounds of its Members or attempt to verify the statements of its Members. SimplyG.com / BeachLifestyle makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of SimplyG.com / BeachLifestyle then you should take it upon yourself to do a background check on said person.

In no event shall SimplyG.com / BeachLifestyle be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.

2) Eligibility.

Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the SimplyG.com / BeachLifestyle shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.

3) Term/Fees.

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. SimplyG.com / BeachLifestyle may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to SimplyG.com / BeachLifestyle. By using the Service and by becoming a Member, you acknowledge that SimplyG.com / BeachLifestyle reserves the right to charge for the Service and has the right to terminate a Member’s Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.

4) Non Commercial Use by Members.

The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of SimplyG.com / BeachLifestyle. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by SimplyG.com / BeachLifestyle for any illegal or unauthorized use of the Website.

5) Proprietary Rights in Content on SimplyG.com / BeachLifestyle.

SimplyG.com / BeachLifestyle owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of SimplyG.com / BeachLifestyle and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

6) Content Posted on the Site.

a. You understand and agree that SimplyG.com / BeachLifestyle may review and delete any content, messages, SimplyG.com / BeachLifestyle Messenger messages, photos or profiles (collectively, “Content”) that in the sole judgment of SimplyG.com / BeachLifestyle violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members.

c. By posting any Content to the public areas of the Website, you hereby grant to SimplyG.com / BeachLifestyle the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. SimplyG.com / BeachLifestyle reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:

i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii. harasses or advocates harassment of another person;

iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;

v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to
pirated music files;

vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy,
or providing or creating computer viruses;

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although SimplyG.com / BeachLifestyle cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SimplyG.com / BeachLifestyle reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which SimplyG.com / BeachLifestyle deems appropriate in its sole discretion.

g. You may not cover or obscure the banner advertisements on your personal profile page, or any SimplyG.com / BeachLifestyle page via HTML/CSS or any other means.

h. Any automated use of the system, such as using scripts to add friends, is prohibited.

i. You may not attempt to impersonate another user or person who is not a member of SimplyG.com / BeachLifestyle.

j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party
or permit any third party to access your account.

k. You may not sell or otherwise transfer your profile.

7) Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SimplyG.com / BeachLifestyle to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to SimplyG.com / BeachLifestyle by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. SimplyG.com / BeachLifestyle’s Copyright Agent for notice of claims of copyright infringement can be reached via email address.

8) Member Disputes.

You are solely responsible for your interactions with other SimplyG.com / BeachLifestyle Members. SimplyG.com / BeachLifestyle reserves the right, and has no obligation, to monitor disputes between you and other Members.

9) Disclaimers.

SimplyG.com / BeachLifestyle is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. SimplyG.com / BeachLifestyle is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. SimplyG.com / BeachLifestyle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. SimplyG.com / BeachLifestyle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall SimplyG.com / BeachLifestyle be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and SimplyG.com / BeachLifestyle expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SimplyG.com / BeachLifestyle cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

Earnings Disclaimer: When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, by purchasing this Program you accept and agree that you are fully responsible for your progress and results from your participation. We offer no representations, warranties or guarantees verbally or in writing regarding your earnings or results. You alone are responsible for your actions and results in life and business which are dependent on personal factors including your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name a few. By purchasing this Program you understand because of the nature of the program and extent, the results experienced by each person may significantly vary. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice and your participation in this program will not treat, diagnose or cure any disease.

10) Limitation on Liability.

IN NO EVENT SHALL SimplyG.com / BeachLifestyle BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF SimplyG.com / BeachLifestyle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SimplyG.com / BeachLifestyle.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO SimplyG.com / BeachLifestyle FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

11) Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.

12) Indemnity.

You agree to indemnify and hold SimplyG.com / BeachLifestyle, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13) Other.

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and SimplyG.com / BeachLifestyle regarding the use of the Website and/or the Service. The failure of SimplyG.com / BeachLifestyle to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.

Your privacy is important to SimplyG.com. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices

14) Collection and Use of Personal Information

Personal information is data that can be used to uniquely identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with SimplyG.com or a SimplyG.com affiliated company. SimplyG.com and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

Here are some examples of the types of personal information SimplyG.com may collect and how we may use it.

What personal information we collect:

  • When you create an SimplyG.com ID, register your products, apply for commercial credit, purchase a product, download a software update, register for a class at an SimplyG.com Retail Store, or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
  • When you share your content with family and friends using SimplyG.com products, send gift certificates and products, or invite others to join you on SimplyG.com forums, SimplyG.com may collect the information you provide about those people such as name, mailing address, email address, and phone number.
  • In the U.S., we may ask for your Social Security number (SSN) but only in limited circumstances such as when setting up a wireless account and activating your iPhone or when determining whether to extend commercial credit.

15) How we use your personal information

  • The personal information we collect allows us to keep you posted on SimplyG.com’s latest product announcements, software updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime.
  • We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
  • From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with SimplyG.com, you may not opt out of receiving these communications.
  • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve SimplyG.com’s products, services, and customer communications.
  • If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

16) Collection and Use of Non-Personal Information

We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an SimplyG.com product is used so that we can better understand customer behavior and improve our products, services, and advertising.
  • We also may collect information regarding customer activities on our website, services, store and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

17) Cookies and Other Technologies

SimplyG.com’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies, such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

SimplyG.com and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, you can opt out at any time.  If you opt out, you will continue to receive the same number of mobile ads, and they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. This opt-out applies only to SimplyG.com advertising services and does not affect interest-based advertising from other advertising networks.

SimplyG.com and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with SimplyG.com more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the SimplyG.com Online Store. Knowing your country and language − and if you are an educator, your school − helps us provide a customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, product serial numbers, and information about your computer or device helps us register your products, personalize your operating system, and provide you with better customer service.

If you want to disable cookies, check with your provider to find out how to disable cookies. Please note that certain features of the SimplyG.com website will not be available once cookies are disabled.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. SimplyG.com may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the SimplyG.com website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format, customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Because cookies are used throughout our websites, disabling them may prevent you from using certain parts of the sites.  The cookies used on our websites have been categorized based on the guidelines found in the ICC UK Cookie guide. We use the following categories on our websites and other online services:

Category 1 — Strictly Necessary Cookies

These cookies are essential to enable you to browse around our websites and use their features. Without these cookies, services like shopping baskets and e-billing cannot be provided.

Category 2 — Performance Cookies

These cookies collect information about how you use our websites — for instance, which pages you go to most. This data may be used to help optimize our websites and make them easier for you to navigate. These cookies are also used to let affiliates know if you came to one of our websites from an affiliate and if your visit resulted in the use or purchase of a product or service from us, including details of the product or service purchased. These cookies don’t collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous.

Category 3 — Functionality Cookies

These cookies allow our websites to remember choices you make while browsing. For instance, we may store your geographic location in a cookie to ensure that we show you our website localized for your area. We may also remember preferences such as text size, fonts, and other customizable site elements. They may also be used to keep track of what featured products or videos have been viewed to avoid repetition. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on non SimplyG.com websites.

18) Disclosure to Third Parties

At times SimplyG.com may make certain personal information available to strategic partners that work with SimplyG.com to provide products and services, or that help SimplyG.com market to customers. Personal information will only be shared by SimplyG.com to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

19) Service Providers

SimplyG.com shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever SimplyG.com operates.

20) Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for SimplyG.com to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

21) Protection of Personal Information

SimplyG.com takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

SimplyG.com online services such as the SimplyG.com online store uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

When you use some SimplyG.com products, services, or applications or post on an SimplyG.com forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

22) Integrity and Retention of Personal Information

SimplyG.com makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

23) Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your SimplyG.com account.  For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if SimplyG.com is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

24) Children

We do not knowingly collect personal information from children under 13 except where a parent has set up a SimplyG.com ID for their child through the SimplyG.com ID for Students program and provided SimplyG.com with verified parental consent.  If we learn that we have collected the personal information of a child under 13 without first receiving verifiable parental consent we will take steps to delete the information as soon as possible.

25) Location-Based Services

To provide location-based services on SimplyG.com products, SimplyG.com and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your SimplyG.com computer or device. This location data is collected anonymously, in a form that does not personally identify you and is used by SimplyG.com and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

26) Third-Party Sites and Services

SimplyG.com websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party iPhone app. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

27) International Users

Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. SimplyG.com abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program.

Please note that personal information regarding individuals who reside in a member state of the European Economic Area (EEA) is controlled by SimplyG.com Distribution International in Cork, Ireland, and processed on its behalf by SimplyG.com Inc.

28) Our Company wide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to SimplyG.com employees and strictly enforce privacy safeguards within the company.

29) Privacy Questions

If you have any questions or concerns about SimplyG.com’s Privacy Policy or data processing, please contact us. SimplyG.com may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

30) Rights and Permissions

If you have any questions concerning the usage or licensing of SimplyG.com copyrighted materials, for example, photographs, video footage, Apple advertisements or other SimplyG.com materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the SimplyG.com material.

Marketing or advertising requests (which may include promotions/givewaways, sponsorship, product placement and partnership requests) may be sent via the “Contact Us” section of this website.

A copyright can be an original work of authorship including software, mask works, literature, art, music, photographs, videos, etc.  For use of SimplyG.com / BeachLifestyle copyrighted material in third party works e.g., books or publications, please submit your detailed request to via the “Contact Us” section of this website and include the following:

  • Specific image(s) or material for which you are seeking permission
  • Surrounding copy or text to the Apple material you wish to use in your project
  • Publisher, if applicable
  • Publishing date (and countries), if applicable
  • Title, if applicable
  • How Apple and its products fit into your project
  • Your deadline

If you have any questions concerning the usage or licensing of SimplyG trademarks,  please submit your request to SimplyG Trademark Permission, via the “Contact Us” section of this website.

For other Copyright inquiries, please submit the information via the “Contact Us” section of this website.

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the SimplyG.com web site located at www.simplyg.com, and all associated sites linked to www.simplyg.com by SimplyG.com, its subsidiaries and affiliates, including SimplyG.com sites around the world (collectively, the “Site”). The Site is the property of SimplyG.com (“SimplyG.com”) /Beachlifestyle and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

SimplyG.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SimplyG.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SimplyG.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SimplyG.com’s express prior written consent.

You may use information on SimplyG.com products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by SimplyG.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SimplyG.com reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SimplyG.com server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SimplyG.com, including any SimplyG.com account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SimplyG.com’s systems or networks, or any systems or networks connected to the Site or to SimplyG.com.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SimplyG.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SimplyG.com or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

SimplyG.com’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.  SimplyG.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and SimplyG.com makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an SimplyG.com ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SimplyG.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SimplyG.com or any other user of or visitor to the Site due to someone else using your SimplyG.com ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s SimplyG.com ID, password or account at any time without the express permission and consent of the holder of that SimplyG.com ID, password or account. SimplyG.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

SimplyG.com’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the SimplyG.com Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SimplyG.com’s control, and SimplyG.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

SIMPLYG.COM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SIMPLYG.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SIMPLYG.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLYG.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SIMPLYG.COM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SIMPLYG.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SimplyG.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will SimplyG.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SimplyG.com has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, SimplyG.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SimplyG.com’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SimplyG.com (and not including the purchase price for any SimplyG.com hardware or software products or any SimplyG.com Care or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold harmless SimplyG.com /BeachLifestyle Enterprises, LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SimplyG.com by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

SimplyG.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SimplyG.com’s rights or property, or the rights or property of visitors to or users of the Site, including SimplyG.com’s customers. SimplyG.com reserves the right at all times to disclose any information that SimplyG.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. SimplyG.com also may disclose your information when SimplyG.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SimplyG.com may preserve any transmittal or communication by you with SimplyG.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or SimplyG.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SimplyG.com, its employees, users of or visitors to the Site, and the public.

You agree that SimplyG.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SimplyG.com, for which monetary damages would be inadequate, and you consent to SimplyG.com obtaining any injunctive or equitable relief that SimplyG.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SimplyG.com may have at law or in equity.

You agree that SimplyG.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If SimplyG.com does take any legal action against you as a result of your violation of these Terms of Use, SimplyG.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SimplyG.com. You agree that SimplyG.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Clark County, Nevada, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SimplyG.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

SimplyG.com administers and operates the www.SimplyG.com Site; other SimplyG.com sites may be administered and operated from various locations in and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SimplyG.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SimplyG.com with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SimplyG.com with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SimplyG.com, SimplyG.com will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SimplyG.com’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SimplyG.com of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SimplyG.com and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

SimplyG.com provides access to SimplyG.com international data and, therefore, may contain references or cross references to SimplyG.com products, programs and services that are not announced in your country. Such reference does not imply that SimplyG.com in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. SimplyG.com shall be free to use such information on an unrestricted basis.  I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE, BY USING THIS SITE.

 

“With Explicit Reservations of ALL Rights.”                                                                                                                                                        SimplyG.com  The information contained in this web site is subject to change without notice.
Copyright © 1996-2014  Beachlifestyle Enterprises, LLC.  All Rights Reserved. 

Updated by The SimplyG.com Legal Team on January 21, 2014.