Website Terms of Use
Version 1.0
The Simple File
Translator website located at https://simplefiletranslator.blogspot.com/ is a
copyrighted work belonging to Simple File Translator. Certain features of the
Site may be subject to additional guidelines, terms, or rules, which will be
posted on the Site in connection with such features.
All such additional
terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use
described the legally binding terms and conditions that oversee your use of the
Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS
and you represent that you have the authority and capacity to enter into these
Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE
SITE.
These terms require
the use of arbitration Section 10.2 on an individual basis to resolve disputes
and also limit the remedies available to you in the event of a dispute. These
Terms of Use were created with the help of the Terms
Of Use Generator and the Privacy
Policy Generator.
Access to the Site
Subject to these
Terms. Company grants
you a non-transferable, non-exclusive, revocable, limited license to access the
Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these
Terms are subject to the following restrictions: (a) you shall not sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit
the Site; (b) you shall not change, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website; and (d) except
as expressly stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means unless otherwise indicated, any future release, update, or
other addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site must be
retained on all copies thereof.
Company reserves the
right to change, suspend, or cease the Site with or without notice to
you. You approved that Company will not be held liable to you or any
third-party for any change, interruption, or termination of the Site or any
part.
No Support or
Maintenance. You agree that
Company will have no obligation to provide you with any support in connection
with the Site.
Excluding any User
Content that you may provide, you are aware that all the intellectual property
rights, including copyrights, patents, trademarks, and trade secrets, in the
Site and its content are owned by Company or Company’s suppliers. Note that
these Terms and access to the Site do not give you any rights, title or
interest in or to any intellectual property rights, except for the limited
access rights expressed in Section 2.1. Company and its suppliers reserve all
rights not granted in these Terms.
User Content
User Content. "User Content" means any and
all information and content that a user submits to the Site. You are
exclusively responsible for your User Content. You bear all risks associated
with use of your User Content. You hereby certify that your User Content
does not violate our Acceptable Use Policy. You may not represent or
imply to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User Content,
you may expose yourself to liability. Company is not obliged to backup any User
Content that you post; also, your User Content may be deleted at any time
without prior notice to you. You are solely responsible for making your own
backup copies of your User Content if you desire.
You hereby grant to
Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide
license to reproduce, distribute, publicly display and perform, prepare
derivative works of, incorporate into other works, and otherwise use and
exploit your User Content, and to grant sublicenses of the foregoing rights,
solely for the purposes of including your User Content in the Site. You
hereby irreversibly waive any claims and assertions of moral rights or attribution
with respect to your User Content.
Acceptable Use Policy. The following terms constitute our
"Acceptable Use Policy": You agree not to use the Site to collect,
upload, transmit, display, or distribute any User Content (i) that violates any
third-party right or any intellectual property or proprietary right; (ii) that
is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of
another’s privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual; (iii)
that is harmful to minors in any way; or (iv) that is in violation of any law,
regulation, or obligations or restrictions imposed by any third party.
In addition, you agree
not to: (i) upload, transmit, or distribute to or through the Site any software
intended to damage or alter a computer system or data; (ii) send through the
Site unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks
connected to the Site, or violate the regulations, policies or procedures of
such networks; (v) attempt to gain unauthorized access to the Site, whether
through password mining or any other means; (vi) harass or interfere with any
other user’s use and enjoyment of the Site; or (vi) use software or automated
agents or scripts to produce multiple accounts on the Site, or to generate
automated searches, requests, or queries to the Site.
We reserve the right
to review any User Content, and to investigate and/or take appropriate action
against you in our sole discretion if you violate the Acceptable Use Policy or
any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content,
terminating your Account in accordance with Section 8, and/or reporting you to
law enforcement authorities.
If you provide Company
with any feedback or suggestions regarding the Site, you hereby assign to
Company all rights in such Feedback and agree that Company shall have the right
to use and fully exploit such Feedback and related information in any manner it
believes appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary.
You agree to indemnify
and hold Company and its officers, employees, and agents harmless, including
costs and attorneys’ fees, from any claim or demand made by any third-party due
to or arising out of (a) your use of the Site, (b) your violation of these Terms,
(c) your violation of applicable laws or regulations or (d) your User
Content. Company reserves the right to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims. You agree not to settle
any matter without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
Third-Party Links
& Ads; Other Users
Third-Party Links
& Ads. The Site may
contain links to third-party websites and services, and/or display
advertisements for third-parties. Such Third-Party Links & Ads are
not under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company provides access to these Third-Party
Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of caution and discretion in
doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices.
Other Users. Each Site user is solely responsible for
any and all of its own User Content. Because we do not control User
Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company
will not be responsible for any loss or damage incurred as the result of any
such interactions. If there is a dispute between you and any Site user,
we are under no obligation to become involved.
You hereby release and
forever discharge the Company and our officers, employees, agents, successors,
and assigns from, and hereby waive and relinquish, each and every past, present
and future dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature, that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly to, the
Site. If you are a California resident, you hereby waive California civil code
section 1542 in connection with the foregoing, which states: "a general
release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with
the debtor."
Cookies and Web
Beacons. Like any other
website, Simple File Translator uses ‘cookies’. These cookies are used to store
information including visitors’ preferences, and the pages on the website that
the visitor accessed or visited. The information is used to optimize the users’
experience by customizing our web page content based on visitors’ browser type
and/or other information.
Google DoubleClick
DART Cookie. Google is one of
a third-party vendor on our site. It also uses cookies, known as DART cookies,
to serve ads to our site visitors based upon their visit to www.website.com and
other sites on the internet. However, visitors may choose to decline the use of
DART cookies by visiting the Google ad and content network Privacy Policy at
the following URL – https://policies.google.com/technologies/ads
Disclaimers
The site is provided
on an "as-is" and "as available" basis, and company and our
suppliers expressly disclaim any and all warranties and conditions of any kind,
whether express, implied, or statutory, including all warranties or conditions
of merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We and our suppliers make not guarantee
that the site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate,
reliable, free of viruses or other harmful code, complete, legal, or
safe. If applicable law requires any warranties with respect to the site,
all such warranties are limited in duration to ninety (90) days from the date
of first use.
Some jurisdictions do
not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. Some jurisdictions do not allow limitations on how long an
implied warranty lasts, so the above limitation may not apply to you.
Limitation on
Liability
To the maximum extent
permitted by law, in no event shall company or our suppliers be liable to you
or any third-party for any lost profits, lost data, costs of procurement of
substitute products, or any indirect, consequential, exemplary, incidental,
special or punitive damages arising from or relating to these terms or your use
of, or incapability to use the site even if company has been advised of the
possibility of such damages. Access to and use of the site is at your own
discretion and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To the maximum extent
permitted by law, notwithstanding anything to the contrary contained herein,
our liability to you for any damages arising from or related to this agreement,
will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The
existence of more than one claim will not enlarge this limit. You agree
that our suppliers will have no liability of any kind arising from or relating
to this agreement.
Some jurisdictions do
not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
Term and Termination. Subject to this Section, these Terms
will remain in full force and effect while you use the Site. We may
suspend or terminate your rights to use the Site at any time for any reason at
our sole discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your Account
and right to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases.
Company will not have any liability whatsoever to you for any termination of
your rights under these Terms. Even after your rights under these Terms
are terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the
intellectual property of others and asks that users of our Site do the
same. In connection with our Site, we have adopted and implemented a
policy respecting copyright law that provides for the removal of any infringing
materials and for the termination of users of our online Site who are repeated
infringers of intellectual property rights, including copyrights. If you
believe that one of our users is, through the use of our Site, unlawfully
infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of a written
notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our
designated Copyright Agent:
- your physical or electronic
signature;
- identification of the
copyrighted work(s) that you claim to have been infringed;
- identification of the material
on our services that you claim is infringing and that you request us to
remove;
- sufficient information to
permit us to locate such material;
- your address, telephone number,
and e-mail address;
- a statement that you have a
good faith belief that use of the objectionable material is not authorized
by the copyright owner, its agent, or under the law; and
- a statement that the
information in the notification is accurate, and under penalty of perjury,
that you are either the owner of the copyright that has allegedly been
infringed or that you are authorized to act on behalf of the copyright
owner.
Please note that,
pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a
written notification automatically subjects the complaining party to liability
for any damages, costs and attorney’s fees incurred by us in connection with
the written notification and allegation of copyright infringement.
General
These Terms are
subject to occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you provided to
us and/or by prominently posting notice of the changes on our Site. You
are responsible for providing us with your most current e-mail address.
In the event that the last e-mail address that you have provided us is not
valid our dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice. Any
changes to these Terms will be effective upon the earliest of thirty (30)
calendar days following our dispatch of an e-mail notice to you or thirty (30)
calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Site.
Continued use of our Site following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes. Dispute Resolution. Please read this Arbitration
Agreement carefully. It is part of your contract with Company and affects your
rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.
Applicability of
Arbitration Agreement. All
claims and disputes in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis
under the terms of this Arbitration Agreement. Unless otherwise agreed
to, all arbitration proceedings shall be held in English. This
Arbitration Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and
assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
Notice Requirement and
Informal Dispute Resolution. Before either party may seek arbitration, the party must
first send to the other party a written Notice of Dispute describing the nature
and basis of the claim or dispute, and the requested relief. A Notice to
the Company should be sent to: Bahrain. After the Notice is received, you and
the Company may attempt to resolve the claim or dispute informally. If
you and the Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be disclosed to
the arbitrator until after the arbitrator has determined the amount of the
award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through
the American Arbitration Association, an established alternative dispute
resolution provider that offers arbitration as set forth in this section.
If AAA is not available to arbitrate, the parties shall agree to select an
alternative ADR Provider. The rules of the ADR Provider shall govern all
aspects of the arbitration except to the extent such rules are in conflict with
the Terms. The AAA Consumer Arbitration Rules governing the arbitration
are available online at adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator. Any
claims or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules. Any hearing will be held in
a location within 100 miles of your residence, unless you reside outside of the
United States, and unless the parties agree otherwise. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of
the date, time and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than
the last settlement offer that the Company made to you prior to the initiation
of arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own costs and disbursements arising
out of the arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.
Additional Rules for
Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the
arbitration shall be conducted by telephone, online and/or based solely on
written submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If you or the Company pursues
arbitration, the arbitration action must be initiated and/or demanded within
the statute of limitations and within any deadline imposed under the AAA Rules
for the pertinent claim.
Authority of
Arbitrator. If arbitration
is initiated, the arbitrator will decide the rights and liabilities of you and
the Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The
arbitrator shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the AAA Rules, and the Terms. The arbitrator shall issue a written award
and statement of decision describing the essential findings and conclusions on
which the award is based. The arbitrator has the same authority to award
relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less expensive than
rules applicable in a court and are subject to very limited review by a
court. In the event any litigation should arise between you and the
Company in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or
Consolidated Actions. All claims and
disputes within the scope of this arbitration agreement must be arbitrated or
litigated on an individual basis and not on a class basis, and claims of more
than one customer or user cannot be arbitrated or litigated jointly or
consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration
proceeding shall be strictly confidential. The parties agree to maintain
confidentiality unless otherwise required by law. This paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the rights and limitations
set forth in this Arbitration Agreement may be waived by the party against whom
the claim is asserted. Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive
the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or
the Company may bring an individual action in small claims court.
Emergency Equitable
Relief. Anyhow the
foregoing, either party may seek emergency equitable relief before a state or
federal court in order to maintain the status quo pending arbitration. A
request for interim measures shall not be deemed a waiver of any other rights
or obligations under this Arbitration Agreement.
Claims Not Subject to
Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
In any circumstances
where the foregoing Arbitration Agreement permits the parties to litigate in
court, the parties hereby agree to submit to the personal jurisdiction of the
courts located within Netherlands County, California, for such purposes.
The Site may be
subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, re-export, or transfer,
directly or indirectly, any U.S. technical data acquired from Company, or any
products utilizing such data, in violation of the United States export laws or
regulations.
Company is located at
the address in Section 10.8. If you are a California resident, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Product
of the California Department of Consumer Affairs by contacting them in writing
at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic
Communications. The
communications between you and Company use electronic means, whether you use
the Site or send us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal
obligation that such communications would satisfy if it were be in a hard copy
writing.
Entire Terms. These Terms constitute the entire
agreement between you and us regarding the use of the Site. Our failure to
exercise or enforce any right or provision of these Terms shall not operate as
a waiver of such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any
provision of these Terms is held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Company is that of
an independent contractor, and neither party is an agent or partner of the
other. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark
Information. Copyright ©. All
rights reserved. All trademarks, logos and service marks displayed on the
Site are our property or the property of other third-parties. You are not
permitted to use these Marks without our prior written consent or the consent
of such third party which may own the Marks.
Contact Information
Address: Bahrain
Email:
s.hasan80@gmail.com
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