PLEASE READ BEFORE USING SimplyBG.com Backgammon
This is a legal agreement between you as an individual and SimplyBG, Inc. ("SimplyBG"), and governs the terms and conditions of your use of SimplyBG Products (as defined below) and any updates that may be provided. This Agreement, along with any written documentation expressly incorporated herein by reference and published from time to time by SimplyBG (collectively, the "Agreement"), constitutes the entire agreement between SimplyBG and you regarding SimplyBG Products, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
Definition of Terms
a. SimplyBG, Inc. is referred to herein as "SimplyBG," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," or "customer."
c. SimplyBG software (whether preinstalled, on a medium, or offered by download, or offered online), SimplyBG services, SimplyBG websites (including, without limitation, www.SimplyBG.com) and all other software, features, tools, websites, documentation and services provided by SimplyBG, Inc. are referred to herein as “SimplyBG Products”, “Products”, “Software” or “Services”.
d. Access, installation, usage, and/or registration of SimplyBG Products are referred to herein as “use” or “usage”.
To Use SimplyBG Products You Must Agree to these Terms of Service
, and the Payments and Refunds
. If you are using the Service in an organization, you are agreeing to these Terms of Service on behalf of that organization. Each time you use a SimplyBG Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the SimplyBG Products. You cannot use SimplyBG Products until you have accepted these Terms of Service. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.
You are solely responsible for your conduct and your data related to the Service. The Products are made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. The Service may be used in a business or other organization. You may not make commercial use of the Software or Service, including but not limited to selling or distributing the Software and/or Service to any third party, unless you have another agreement in place with SimplyBG, such as being an Affiliate
You agree to defend, indemnify and hold harmless SimplyBG, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the SimplyBG Products.
SimplyBG and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the Products distributed by SimplyBG in object code form only on any computer or device from which you wish to access the SimplyBG service for the sole and exclusive purpose of using the SimplyBG Products in accordance with these Terms of Service.
Restrictions on Use of Products
You may access SimplyBG Products only through the interfaces and protocols provided or authorized by SimplyBG. You agree that you will not access SimplyBG Products through unauthorized means. You may not obtain the communications protocol for accessing the SimplyBG service, the SimplyBG Products, or any other SimplyBG Services. SimplyBG may offer Products that limit the time, type of files, storage space, or other features. You agree not to attempt to circumvent these limitations in any way. You further acknowledge and agree that some features which are available in other software products may not be included in this license and you confirm that you have no claim with respect thereto.
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed to use the SimplyBG Products. Any charges incurred by you to access SimplyBG are your responsibility.
User Accounts and Passwords
You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password or the encryption key for your account, you may not be able to access your Data.
Changes to the Service
SimplyBG occasionally will provide automatic upgrades to improve your SimplyBG experience, although these upgrades may not be consistent across all platform and devices. You agree to take no action to interfere with such automatic upgrades, scanning, and related Services. SimplyBG has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the SimplyBG Products including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on SimplyBG servers on your behalf, or the availability of SimplyBG Products on any particular device or communications service. You acknowledge and agree that SimplyBG may frequently and significantly update, change, redesign and/or replace the user interface and/or the user experience at any time in its sole discretion. SimplyBG has no obligation to provide you with notice of any such changes.
SimplyBG reserves the right to terminate or suspend accounts of users who violate these Terms of Service or who SimplyBG deems, in its sole discretion, to be “abusers.” Such users may be notified prior to suspension or termination of their accounts; however, SimplyBG is not required to provide prior notice. Any failure by SimplyBG to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.
Termination of Use
You acknowledge and agree that SimplyBG may terminate this license at any time at its sole discretion and that SimplyBG is under no obligation to provide technical support under the terms of this aggreement, and provides no assurance that any specific errors or discrepancies in the freely distributed Software will be corrected. You acknowledge that SimplyBG shall not liable for any damages or costs incurred in connection with the termination of the Software or Services or this license.
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Products or incorporate them (or any portion of them) into another product. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Products or use them in any way not expressly authorized by these Terms of Service. You may not authorize or assist any third party to do any of the things described in this paragraph.
All trademarks appearing on the SimplyBG Products are the property of their respective owners, including, without limitation, SimplyBG, Inc.
SimplyBG Products may require you to register and provide certain personal information to SimplyBG, such as name, e-mail address, date of birth, zip code (the "Personal Information"). If you register for any SimplyBG Product, you agree to provide accurate and complete Personal Information and you agree to keep such information current.
Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF SimplyBG PRODUCTS IS AT YOUR SOLE RISK. THE SimplyBG PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, SimplyBG AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE SimplyBG PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. SimplyBG AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SimplyBG PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SimplyBG PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SimplyBG PRODUCTS WILL BE CORRECTED. SimplyBG AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SimplyBG PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SimplyBG PROVIDES THE SimplyBG PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SimplyBG PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING.
LIMITATION OF LIABILITY. SimplyBG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SimplyBG (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SimplyBG PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE SimplyBG PRODUCTS. SimplyBG AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGE, OR ANY OTHER CLAIM RELATED IN ANY WAY FROM YOUR USE OF SimplyBG PRODUCTS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SimplyBG HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SimplyBG AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Modifications to the Terms of Service
In the event that SimplyBG makes material changes to these Terms of Service, all current SimplyBG customers and trial users will be notified via email at least 15 days before the modified Terms of Service go into effect. SimplyBG will email users at the email address(es) provided by each user and is not responsible for invalid addresses or undeliverable email. The modified Terms of Service will be posted on our website at least 15 days in advance of the effective date. You agree to the new posted Terms of Service by continuing your use of the SimplyBG Products. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using SimplyBG Products and cancel your registration.
The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms of Service.