We reserve the right to change these TOU at any time without notice by posting such changes on the Website. It is your responsibility to familiarize yourself with these TOU to ensure that you are aware of any changes. Your use of the Website following the posting of any such changes will constitute your acceptance of the revised TOU.
1. Use of the Website
1.1 Unless otherwise stated, the Website is intended for your personal use and may not be used by you for any commercial purposes.
1.2 You may not:
1.2.1 interfere with or disrupt any network or website connected to the Website or gain unauthorized access to any computer systems;
1.2.2 interfere with the enjoyment or use of the Website by any other person;
1.2.3 use the Website or content on the Website for any purpose which is unlawful; or
1.2.4 use any meta tags or any other “hidden text” which uses any names, logos or trade marks displayed on the Website.
1.3 Unless otherwise stated, the copyright and all other intellectual property rights in and to all content and material on the Website (including without limitation, trade marks, logos and service marks (“Marks”)) are owned by Simply Peachy. You are not permitted to use these Marks without our prior written consent. Except as expressly provided, nothing contained herein shall be construed as creating any license or right under copyright, trade mark or other intellectual property rights. Any use of extracts from the Website without our prior written consent is strictly prohibited.
1.4 If you breach any of the terms of these TOU, your permission to use this Website will automatically terminate.
1.5 Any rights not expressly granted in these TOU are reserved.
2. Service Access
While we endeavor to ensure that the Website is available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time for any period. We give no warranties as to the availability, performance or accessibility of the Website. Access to the Website may be suspended temporarily and without notice at our discretion, including without limitation, in the case of system failure, maintenance or repair or for reasons beyond our control.
3. User Content
3.1 Simply Peachy does not claim any ownership rights in the text, graphics, files, images, photographs, videos or any other works (collectively “User Content”) that you submit to Simply Peachy. You hereby represent and warrant that you own the User Content submitted by you to Simply Peachy or that you otherwise have the sufficient right, title and interest in and to such User Content to grant Simply Peachy the licenses and rights set forth without violating or infringing the privacy rights, copyrights, intellectual property rights, or any other rights of any person.
3.2 By submitting any User Content to Simply Peachy, you hereby grant to Simply Peachy a non-exclusive, royalty-free, transferable, worldwide license to use, display, reproduce, adapt, modify and distribute such User Content through any media now known or developed in the future. Any photographs used on the Website will include attribution to the photographer and/or the copyright holder. If you would like to remove any User Content, please send a request to firstname.lastname@example.org and include a brief description of the items(s)to be removed along with the URL of the item(s) current location on Simply Peachy. We will endeavor to remove such item(s) as soon as reasonably practicable.
3.3 You may not submit, provide to or post on or through the Website any graphics, text, photographs, images, videos, audios or any other User Content (“Material”) that constitutes junk, mail, spam, advertising and/or commercial offers.
3.4 You are prohibited from posting, submitting to or transmitting to or from the Website any Material:
3.4.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, harassment or inconvenience; or
3.4.2 for which you have not obtained any applicable licenses and/or approvals;
3.4.3 which constitutes or encourages conduct that could be considered a criminal offence, could give rise to liability or is otherwise contrary to the laws of, or infringes the rights of any third party in, the Hong Kong Special Administrative Region or any other country in the world; or
3.4.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.5 Simply Peachy reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Website and to remove any User Content, without notice or liability to you, which it deems inappropriate. For the avoidance of doubt and without limiting the generality of the foregoing, Simply Peachy deems the following types of User Content (without limitation) to be inappropriate:
Content that criticizes a business or individual beyond that of merely offering an opinion;
Content that harasses or advocates harassment of another person;
Content that exploits people in a sexual or violent manner;
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Content that includes racially, ethically, or otherwise objectionable language;
Content that is libelous, defamatory, or otherwise tortious language;
Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Content that promotes an illegal or unauthorized copy of another person’s copyrighted work or that which infringes upon the intellectual property rights of any third party;
Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
Content that includes a photograph of another person that you have posted without that person’s consent.
3.6 Simply Peachy’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Simply Peachy expressly reserves the right to investigate and take appropriate legal action against anyone who, in Simply Peachy’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
3.7 You agree to indemnify and keep us indemnified against any and all costs, claims, damages and expenses in respect of loss, damage, death or injury arising in connection with any Material you submit to the Website.
3.8 Simply Peachy reserves the right to monitor the Material submitted to the Website by you and intercept any Material which in our opinion breaches the provisions of these TOU. In the event of a breach any of the terms of these TOU, your permission to use this Website will automatically terminate.
3.9 We may without notice any in our absolute discretion remove (either temporarily or permanently) and edit any information or Material placed on the Website.
4.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites, their content or their availability. Simply Peachy does not endorse or make any representations about, any material found within or any results that may be obtained by using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
4.2 If you would like to link to this Website, you may only do so on the basis that you do not replicate the homepage of the Website, and subject to the following conditions:
4.2.1 you do not otherwise use any of the Marks displayed on the Website without our express written consent;
4.2.2 you do not create a frame or any other browser or border environment around this Website;
4.2.3 you do not imply that Simply Peachy is endorsing any products or services other than its own;
4.2.4 you do not link from a Website that is not owned by you;
4.2.5 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
4.3 We expressly reserve the right to revoke the right granted in clause 4.2 for breach of these TOU and to take any action it deems appropriate.
4.4 You shall fully indemnify and keep us indemnified against any and all costs, claims, damages and expenses suffered by us for breach of clause 4.
5. Disclaimers of Warranty and Limitation of Liability
5.1 Whilst we make every effort to ensure the Website is available and secure, given the nature of the Internet, we do not warrant or guarantee this will always be the case.
5.2 You acknowledge that you are using the Website at your own risk. The Website is provided on an “as is” basis. To the maximum extent permitted by law, we, our affiliates and third parties hereby expressly disclaim any and all express and implied to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained herein or provided by the Website. We do not warrant that the Website will be uninterrupted or error free, nor does it warrant that the Website will be free of viruses or other harmful components.
5.3 In no event shall we or any of our affiliates be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this Website, the providing of the Website hereunder, any goods or merchandise from third parties, your access to or inability to access the Website, including for viruses alleged to have been obtained from the Website, your use of or reliance on the Website or any of the information or content on the Website or any of the information or content and material available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Notwithstanding anything contained to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, paid by you to Simply Peachy for the services during the term of your use of the Website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for User Content or any defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
5.4 You hereby agree to release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of this Website.
IN NO EVENT SHALL SIMPLY PEACHY OR ANY SUBSIDIARY, AFFILIATE OF SIMPLY PEACHY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SIMPLY PEACHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STYLE ME PRETTY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO SIMPLY PEACHY FOR THE SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SIMPLY PEACHY SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Hong Kong Special Administrative Region or the country in which you reside.
8. Termination or Suspension of Access
We retain the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
9.1 We highly value and respect the privacy of the personal information we obtain from you in connection with your use of the Website, including your name, email address and other information that can be used to individually identify you (collectively, “Personal Information”) and this clause 9 informs you about how we collect, use and share your Personal Information, and our privacy practices in general.
9.2 Simply Peachy collects certain data for all site visitors including IP addresses, type of browser, Internet Service Provider, date and time of visit, page views, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable. Name and email address are required to post a comment on the Website. Your email address and other identifiable personal information is never shared, unless required by law.
9.3 In addition to clause 9.2, we may collect Personal Information in a number of ways, including without limitation:
When you comment on a blog post on the Website, we collect your email address and other contact information you choose to provide.
When you choose to participate in sweepstakes, contests or other promotions, we collect your email address and other relevant contact information.
When you voluntarily submit when participating in our surveys, we collect your email address and other relevant contact information.
Your email address and other identifiable personal information is never shared, unless required by law.
By accessing the Website and providing us with the requested personal information, you consent to the collection and use of this information in accordance with this clause 9.
If any of the terms of these TOU are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these TOU, which shall remain unaffected.
10.2 Entire Agreement
The failure to exercise or delay in exercising a right or remedy provided by these TOU or by law does not constitute a waiver of the right or a waiver of other rights or remedies. If any provision of these TOU is found by a court of a competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect.
11. Governing Law
These TOU shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the Hong Kong courts shall have jurisdiction to resolve any disputes between us.
Last modified: 1 August 2014