SimplyListed Terms of Service
1. Acceptance of Terms
SimplyListed provides a collection of online resources, mobile applications, and various email and communication services (referred to hereafter as “the Service”) to allow users who comply with SimplyListed's policies to offer, sell and buy certain goods subject to the following Terms of Service (“TOS”, “Agreement”, or “Terms”). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular SimplyListed services, you agree to abide by any applicable posted guidelines for all SimplyListed services, which may change from time to time. The TOS applies to all users of the Service, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials through the Service.
Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with SimplyListed in any way, your only recourse is to immediately discontinue use of SimplyListed. SimplyListed has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.
2. Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOS at:
3. Membership Eligibility
The Service is available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. SimplyListed may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use the Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
In addition, some services offered by SimplyListed may be subject to additional terms and conditions promoted by SimplyListed from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this TOS by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SimplyListed of any unauthorized use of your password or any breach of security. You also agree that SimplyListed cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than SimplyListed without SimplyListed's express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. You may not transfer or sell your SimplyListed account or username to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
SimplyListed's services are not available to temporarily or indefinitely suspended SimplyListed members. SimplyListed reserves the right, in SimplyListed's sole discretion, to cancel unconfirmed or inactive accounts. SimplyListed reserves the right to refuse service to anyone, for any reason, at any time.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service.
SimplyListed has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. SimplyListed does not pre-screen users or the content or information provided by users. SimplyListed cannot ensure that a buyer or seller will actually complete a transaction. Consequently, SimplyListed does not transfer legal ownership of items from the seller to the buyer.
SimplyListed does not control the Content provided by users that is made available on SimplyListed. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Additionally, SimplyListed cannot guarantee the true identity, age, or nationality of a user. There are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. SimplyListed encourages you to communicate directly with potential transaction partners through the tools provided by the Service. You may also wish to consider using a third-party escrow service or services that provide additional user verification. By using SimplyListed, you agree to accept such risks and that SimplyListed (and SimplyListed's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on SimplyListed. Please use caution, common sense, and practice safe buying and selling when using SimplyListed.
Furthermore, the SimplyListed site and Content available through the Service may contain links to other websites, which are completely independent of SimplyListed. SimplyListed makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SimplyListed be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that SimplyListed shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason. You acknowledge that SimplyListed shall have the right (but not the obligation) to store or re-format your Content and display your Content via the Service and on third party sites in any way as SimplyListed chooses.
By posting Content on SimplyListed, it is possible for an outside website or a third party to re-post that Content. You agree to hold SimplyListed harmless for any dispute concerning this use. If you choose to display your own SimplyListed-hosted image on another website, the image must provide a link back to its listing page on SimplyListed.
SimplyListed considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service or otherwise (other than the Content and the tangible items sold on the Service by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and SimplyListed shall not be liable for the disclosure or use of such Material. If, at SimplyListed's request, any member sends Material to improve the Service (for example through forums or to customer support), SimplyListed will also consider that Material to be non-confidential and non-proprietary and SimplyListed will not be liable for use or disclosure of the Material. Any communication by you to SimplyListed is subject to this TOS. You hereby grant and agree to grant SimplyListed, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Third Party Content, Sites, & Services
The SimplyListed site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SimplyListed, including but not limited to web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that SimplyListed shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SimplyListed is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SimplyListed, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
6. Notification of Claims on Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify SimplyListed's agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
P.O. Box 194152
San Francisco, CA 94119
Please provide our Agent with the following Notice:
- Identify the material on the SimplyListed site that you claim is infringing, with enough detail so that we may locate it on the website;
- A 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 declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
SimplyListed will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
7. Privacy & Information Disclosure
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts human beings or animals engaged in actual sexual conduct;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a SimplyListed employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains advertisements or solicitations for other services, or commercial interests, particularly when directed at users who have not indicated in writing that it is acceptable to contact them;
- that includes links to commercial services or web sites, except as permitted to provide manufacturer information and specifications for a specific item posted for sale on SimplyListed;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- add any SimplyListed user to your email or physical mail list;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by SimplyListed;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one category;
- attempt to gain unauthorized access to SimplyListed's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the SimplyListed website;
- use any form of automated device or computer program to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOS;
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with SimplyListed's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. SimplyListed is not involved with user generated groups, the groups' requirements, or the Meetings.
SimplyListed does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that SimplyListed does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
10. No Spam Policy
You understand and agree that sending unsolicited email advertisements to SimplyListed email addresses or through SimplyListed computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of SimplyListed computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. Paid Postings
From time to time, we may charge a transaction fee to post Content in some or all areas of the Service. Each party posting Content to the Service is responsible for said Content and compliance with the TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.
12. Limitations on Service
You acknowledge that SimplyListed may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that SimplyListed has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SimplyListed reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SimplyListed shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Access to the Serivce
SimplyListed grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by SimplyListed. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying links to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose Internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings, or which is in the business of providing classified ad listing services.
SimplyListed permits you to display on your website, or create a link on your website, blog or social network account to, individual postings on the Service so long as such use is for personal purposes or to promote postings that you created. You may also create a link to the SimplyListed home page so long as the link does not portray SimplyListed, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by SimplyListed immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from SimplyListed.
14. Termination of Service
You agree that SimplyListed, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if SimplyListed believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that SimplyListed shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 5, 7, 9 – 18 and 20 – 22 shall survive termination of the TOS.
15. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SimplyListed. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of SimplyListed, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although SimplyListed does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SimplyListed an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant SimplyListed all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
16. Disclaimer of Warranties
You agree that use of the SimplyListed site and the Service is entirely at your own risk. The SimplyListed site and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, SimplyListed disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the SimplyListed site and the Service. To the fullest extent permitted by law, SimplyListed disclaims any warranties for other Services or goods received through or advertised on the SimplyListed site or the sites or Service, or accessed through any links on the SimplyListed site. To the fullest extent permitted by law, SimplyListed disclaims any warranties for viruses or other harmful components in connection with the SimplyListed site or the Service.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
17. Limitations of Liability
Under no circumstances shall SimplyListed be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if SimplyListed has been advised of the possibility of such damages), resulting from any aspect of your use of the SimplyListed site or the service, whether the damages arise from use or misuse of the SimplyListed site or the service, from inability to use the SimplyListed site or the service, or the interruption, suspension, modification, alteration, or termination of the SimplyListed site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the SimplyListed site or the service or any links on the SimplyListed site, as well as by reason of any information or advice received through or advertised in connection with the SimplyListed site or the service or any links on the SimplyListed site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold SimplyListed, its officers, subsidiaries, affiliates, successors, assigns, parent (as applicable), directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
19. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make via the Service (excluding any taxes on SimplyListed's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
21. No Agency
You and SimplyListed are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. General Information
The TOS constitute the entire agreement between you and SimplyListed and govern your use of the Service, superseding any prior agreements between you and SimplyListed. The TOS and the relationship between you and SimplyListed shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SimplyListed agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of SimplyListed to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of 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 the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Violation of Terms
Please report any violations of the TOS, by emailing .
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Notwithstanding any other provision of these Terms, SimplyListed retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
And for your convenience, we have part of the Terms of Service in musical form.