Privacy Policy

Terms of Use & Policies

Terms of Use

PLEASE READ THE TERMS OF USE BELOW. THEY CONTAIN IMPORTANT INFORMATION SIMPLY YOUR RIGHTS WHEN USING OUR SERVICES.

1.                                    Acceptance of these Terms of Use.

  The SimplypetsLLC.com service and its affiliate sites and products, including Simplypetsmagazine.com, Simplypetsradio.com, Simplypetsshoppingnetwork.com, Simplypetstelevision.com, Simplyazulchocolates.com, Lisasmithputnam.com and Imageimaginary.com (collectively the "Sites") are owned and operated by Simply Pets LLC. and its affiliates ("Simply", the "Company", "we", or "us" ). Access to and use of the Sites are subject to the terms and conditions of these Terms of Use (including disclaimers regarding professional, medical and nutritional information).

·                                                         "Sites" or "Simply" shall include any information or services made available by Simply, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Sites, or any part of the Sites, with or without notice. You agree that we shall not be liable to you for any such action.

·                                                         The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information. The Sites are designed for those people who reside in the United States or any of its territories and possessions. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

2.                                    Modification of these Terms of Use.

We reserve the right to change these terms and conditions of these Terms of Use at any time. You should check this page regularly. The changes will appear on the Sites and will be effective when we post the changes. Your continued use of the Sites means you agree to and accept the changes. If a Site contains additional terms and conditions then those terms and conditions shall apply to your use of such Site, in addition to these terms and conditions, provided, that, in the event of a conflict with these terms and conditions, the conflicting terms and conditions of such Site shall apply only to your use of that Site and only to the extent of the conflict.

3.                                    Our Privacy Policy.

Our Privacy Policy contains further information Simply how data is collected, used and made available on or by our Sites. We recommend that you read it, here.

4.                                    Intellectual property.     Limited license.

 The materials used and displayed on the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Simply or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Simply or the appropriate affiliate. Simply grants you a personal, non-exclusive, non-transferable, revocable license to use the Sites for non-commercial purposes subject to these Terms of Use. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

·                                                         Trademarks.

 The terms Simply, Simplypets.com, and other Company trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of Simply or its affiliates or licensors. You must not use such marks without the prior written permission of Simply. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

·                                                         Copyright.

 If you believe content on the Sites violates your copyright, please see our DMCA Policy, below.

5.   No reliance on information posted on the Sites, including User Contributions or content by independent contributors such as Experts or Guides.

·      We do not have an obligation to, and you should not expect us to review content on our Sites, including User Contributions or contributions by our independent contributors known as "Experts" or "Guides."

Although Simply and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, and other user and member generated pages on the Sites, we are under no obligation to do so. You acknowledge that we do not control the information available on Site forums, chat rooms and other user and member generated pages and that any opinions, advice, services, offers or other information or content disseminated through the Sites are those of their respective authors, including users, Experts, Guides and other writers and contributors, who are solely liable for their content. We reserve the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted through the Sites.

·                                                         Simply our Experts.

 Simply seeks out content providers in particular subject matters as independent contributors who publish the content they write (click here to find out Simply becoming an "Expert"). However, Simply does not represent or guarantee that any 'Expert' or 'Guide' has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate. We may refer to each of these contributors as an 'Expert' or 'Guide', but you must understand we rely on the information they provide us and we do not independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Simply also does not monitor or independently research or verify any content they contribute. Contributors, even if characterized as 'Expert' or a 'Guide', are not employees of Simply or its affiliates and Simply cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Service or Sites. Each Expert or Guide has a biography posted on the Site where the Expert or Guide describes their own experience.

·                                                         Don't rely on site content, including User Contributions and content from independent contributors known as Experts or Guides. Content, articles, materials, information and postings by contributors are provided purely for general information purposes only and can never take into account your unique, personal circumstances and needs. Never rely upon such general information in making decisions Simply specific situations, or use it as a substitute for in-person evaluation or professional advice (including, without limitation, medical, legal, tax, financial or veterinary issues), even if from individuals Simply characterizes as an 'Expert' or a 'Guide.' You acknowledge and agree that any reliance or actions you take in violation of your agreement with us, shall be at your sole and exclusive risk and Simply shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Service, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., attorney-client; doctor-patient).

6.                                    Prohibited uses.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

·  In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

·  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

·  To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

· To impersonate or attempt to impersonate Simply, an Simply employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Simply or users of the Site or expose them to liability.

Additionally, you agree not to:

· Use the Site in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

·  You agree not to "scrape" or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

·  Use any device, software or routine that interferes with the proper working of the Site.

·  Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·  Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

·  Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

·  Otherwise attempt to interfere with the proper working of the Site.

7.                                    Content that you make available on the Sites.   User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

If you voluntarily disclose personal information (e.g., user name, email address) on the Sites, such as on a forum, chat room or on any other user or member generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Sites.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

·  All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

The Sites may provide certain social media features that enable you to:

·  Link from your own or certain third-party websites to certain content on this Site.

· Send e-mails or other communications with certain content, or links to certain content, on this Site.

· Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

·                                                         Monitoring and enforcement - termination

We have the right to:

·  Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·  Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.

·  Disclose your identity or other information Simply you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

· Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

·                                                         Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

·Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·  Be likely to deceive any person.

·  Promote any illegal activity, or advocate, promote or assist any unlawful act.

·  Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.

·  Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·  Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

·  Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

8.                                    Your indemnification of us.

 You agree to indemnify, defend and hold harmless Simply, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. Simply reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9.                                    WARRANTY DISCLAIMER.

 THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

10.                                LIABILITY DISCLAIMERS.

·                                         GENERAL DISCLAIMERS.

 YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER, SIMPLY, INC., IAC/INTERACTIVECORP, NOR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING EXPERTS OR GUIDES) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SIMPLY, INC., IAC/INTERACTIVECORP AND THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING EXPERTS OR GUIDES) ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.

·                                                         PROFESSIONAL MEDICAL AND THERAPEUTIC ADVICE DISCLAIMERS.

 THE SITES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITIONAL OR FITNESS PROGRAM.

·                                                                            YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITES, INCLUDING AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS SIMPLY YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON A SITE. THE USE OF ANY INFORMATION PROVIDED ON A SITE IS SOLELY AT YOUR OWN RISK.

·                                                                            NOR SHOULD YOU RELY ON ANY INFORMATION ON THE SITES AS, OR AS A SUBSTITUTE FOR, PROFESSIONAL COUNSELING CARE, INCLUDING WITHOUT LIMITATION, PSYCHIATRY, PSYCHOTHERAPY, OR OTHER MENTAL HEALTH OR REHABILITATION TREATMENT, DIAGNOSIS OR ADVICE.

·                                                                            FURTHER, AS MEDICAL RESEARCH AND SCIENCE EVOLVE, THE ADVICE CONTAINED ON THE SITES WILL NOT ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR SUBJECT MATTER.

11.                                Third party links, advertisements, websites and content.

 We do not review or monitor any web sites, advertisements, or other media linked to or available through the Sites and are not responsible for the content of any such third party advertisements or linked web sites. Prior to purchasing any third party products or services described on the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Simply nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.

12.                                Disputes.

 These Terms of Use and any disputes arising out of or related to the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Washington, County of Pierce.

13.                                Limitation on time to file claims.

 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14.                                Waiver and severability.

 No waiver of Simply of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Simply to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15.                                Entire agreement.

 The Terms of Use constitute the sole and entire agreement between you and Simply with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

16.                                DMCA Policy.

 Simply deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent (Legal), Osinski Law Office PLLC 535 Dock St STE 108 Tacoma, WA 98402 or in email to tto@osinskilaw.com This contact information is only for suspected copyright infringement. Please include the following:

·   Your physical or electronic signature.

·  Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.

·  Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise url (web page) that it appeared on, along with any copies you have of that web page.

·  Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).

·  A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

·  A statement that the information in the written notice is accurate.

·  A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

· Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).

17.                                Your Comments and Concerns

This website is operated by Simply Pets LLC.  620 South Orcas Street- #80651 - Seattle, Washington 98108

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to  info@simplypetsmagazine.com.  Thank you for visiting the Site.