Terms of Service

The gist:

We (the folks at Simpsen) run a self-service e-commerce platform called Simpsen.com and would love for you to use it. Simpsen.com’s has both free and paid levels of our basic e-commerce hosting service, and offers additional services and features for fees. Our service is designed to make selling on the internet as easy and straightforward as possible. However, you must be responsible in what you sell and what you publish in your store. In particular, make sure that none of the prohibited items/content (see Rules for Sellers) appear in your store.

If you find a Simpsen.com website that you believe violates these Terms of Service, please visit our Reporting & Dispute Resolution page.

We also have additional services and products designed to make the web a better place like eubie, RokitCar, and OneShot e-sports.

(We’ve made the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you.  We also want to point out that these Terms of Services are based on the WordPress.com (Automattic) Terms of Service, and are used under their CC licensing terms, for which we are very grateful.)

Terms of Service:

The following terms and conditions govern all use of the Simpsen.com website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Rules for SellersPrivacy Policy, Reporting and Dispute Resolution, Data Retention and Purge Policy) and procedures that may be published from time to time by Simpsen (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Simpsen, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a Simpsen.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Simpsen.com

Your Simpsen.com Account and Store. If you create an account or store on Simpsen.com, you are responsible for maintaining the security of your account and store, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the store. You must immediately notify Simpsen of any unauthorized uses of your store, your account, or any other breaches of security. Simpsen will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate a store, post material to Simpsen.com, post links on Simpsen.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. By submitting Content to Simpsen for inclusion on your store, you grant Simpsen a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your store. This license allows Simpsen to make publicly-posted content available to third parties selected by Simpsen so that these third parties can analyze and distribute (but not publicly display) your content through their services.  If you delete Content, Simpsen will use reasonable efforts to remove it from Simpsen.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Simpsen has the right (though not the obligation) to, in Simpsen’s sole discretion, (i) refuse or remove any content that, in Simpsen’s reasonable opinion, violates any Simpsen policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Simpsen.com to any individual or entity for any reason. Simpsen will have no obligation to provide a refund of any amounts previously paid.

Attribution. Simpsen reserves the right to display links such as ‘Powered by Simpsen,’ and help, reporting and informational links in your store’s header menu or footer. The header menu, and the footer may not be altered or removed regardless of upgrades purchased.

Payment and Renewal.

  • General Terms.

Some services or tiers of service are available at no cost, while others are available for fees (any such services, any such services are subsequently referred to as a “Paid Service”). By selecting a Paid Service you agree to pay Simpsen the one-time, monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Service and will cover the use of that service perpetually, or for a monthly or annual subscription period as indicated. You can read about our refund policy here.

  • Automatic Renewal.

Unless you notify Simpsen before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Services can be canceled at any time in the Services section of your store’s administrative dashboard.

  • Extended Services.

Hosting, Support and Design and other services (“Extended Services”) may provided by Simpsen under the terms and conditions for each such service. By signing up for Extended Services, you agree to abide by such terms and conditions.

2. Responsibility of Visitors

Simpsen has not reviewed, and cannot review, all of the material, including items and services for sale, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Simpsen does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Simpsen disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which simpsen.com links, and that link to simpsen.com, including links to and from stores hosted via Simpsen services. Simpsen does not have any control over those non-simpsen.com websites, and is not responsible for their contents or their use. By linking to a non-simpsen.com website, Simpsen does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Simpsen disclaims any responsibility for any harm resulting from your use of non-simpsen.com websites and webpages.  This includes use of non-simpsen.com websites to host photos and videos that are included on simpsen.com sites, such as, but not limited to, logos, photos and videos included in product listings.

4. Copyright Infringement Policy

As Simpsen asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by simpse.com violates your copyright, you are encouraged to notify us. Simpsen will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Simpsen will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Simpsen or others. In the case of such termination, Simpsen will have no obligation to provide a refund of any amounts previously paid to Simpsen .

5. Intellectual Property

This Agreement does not transfer from Simpsen to you any Simpsen or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Simpsen . Simpsen, simpsen.com, the Simpsen.com logo, and all other trademarks, service marks, graphics and logos used in connection with simpsen.com or our Services, are trademarks or registered trademarks of Simpsen or Simpsen’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Simpsen or third-party trademarks.

6. Domain Names

If you are using a domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

7. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

8. Termination

Simpsen may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your simpsen.com account (if you have one), you may simply discontinue using our Services, or you may explicitly request the closing of your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Our Data Retention and Purge Policy describes what we do with your data when you discontinue use of our services.

9. Disclaimer of Warranties

9. a. Sellers

Our Services are provided “as is.” Simpsen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Simpsen nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.

9. b. Other Users

Our Services are provided “as is.” Simpsen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Simpsen nor its suppliers and licensors, makes any warranty that our Services or the content, information or products offered by sellers on the simpsen.com platform will be error free or that access thereto will be continuous or uninterrupted. Simpsen does not indemnify users with regard to products, services, software or any other purchases (“Items for Sale”) made from sellers who sell such Items for Sale via simpsen.com or the Simpsen platform.  You understand that you use our Services at your own discretion and risk.  

10. Limitation of Liability

In no event will Simpsen, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Simpsen under this agreement during the twelve (12) month period prior to the cause of action. Simpsen shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Simpsen Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

12. US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Simpsen reserve the right to terminate accounts or access of those in the event of a breach of this condition.

13. Indemnification

You agree to indemnify and hold harmless Simpsen, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

14. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

15. Miscellaneous

This Agreement constitutes the entire agreement between Simpsen and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Simpsen, or by the posting by Simpsen of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Simpsen may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.