Terms of Service
SimpleTutorials.com is a site owned and operated by Downranked, LLC, a limited liability company based in Utah.
Please read these terms of service (“Agreement”) carefully before using the website or any services provided on this website,
collectively referred to as the "Site". By using or accessing the Site, you agree to become bound by all the terms
and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Site.
The terms Downranked, we
, and us
are used below in lieu of Downranked, LLC
By using this site, you agree
to the following terms and conditions:
Your account may be suspended or removed if you participate on the Site in a vulgar, offensive, libelous,
or abusive manner. We reserve the right to suspend or remove accounts and content, without notice, and for any reason.
You agree that the content you post is either your work, is in the public domain, or that you have received permission
from the content owner to post the content. If the work is your own, you agree
to release the original content you post under the MIT license
you are referencing content that you have not written, you agree to properly cite the source and license of the content.
You grant us the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify,
create derivative works and store such content and to allow others to do so in any medium now known or hereinafter
developed in order to provide site services, even if you have contributed and removed the content. You agree not to post
content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party,
(b) reveals any trade secret, unless User owns the trade secret or
has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity
rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates
any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming
routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information, or (f) remains posted after User has been notified that such User Content
violates any of sections (a) to (e) of this sentence. We reserve the right to remove any User Content
from the Site, re-post to the Site any User Content removed by any User or former User, suspend
or terminate User’s right to use the Site at any time, or pursue any other remedy or relief available to us
and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such User Content
or if we are concerned that User may have breached the immediately preceding sentence), or for no reason at all.
The following sections describe the process for submitting copyright claims, should you feel copyright violations are present.
All claims and counterclaims may be posted in full to Chilling Effects Clearinghouse.
Copyright Infringement Claims
User agrees to send a notice of copyright infringement containing the following information via email to email@example.com, with the subject 'Copyright':
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient
detail so that Downranked is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the
Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party's electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Downranked shall:
Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.
Downranked will then notify the subscriber responsible for the allegedly infringing material (the Offending User) that it has removed or disabled access to the material.
Downranked reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.
A subscriber who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with
Downranked by providing the following items via email to firstname.lastname@example.org, with the subject 'Copyright Counterclaim':
The specific URLs of material that Downranked has removed or to which Downranked has disabled access.
User’s name, address, telephone number, and email address.
A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located
(or Utah County, UT if your address is outside of the United States), and that User will accept service of process from the person who
provided notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or
disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a counterclaim, Downranked will forward it to the party who submitted the original copyright infringement
claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the
allegedly infringing material. If Downranked does not receive any such notification within 10 days, we may restore the
material to the Site.
Subject to the terms and conditions of this Agreement, we may offer to provide the Site, as described more fully
on the Site, and which are selected by User, solely for User’s own use, and not for the use or benefit
of any third party. Services shall include, but not be limited to, any services we perform for User,
as well as the offering of any Content (as defined below) on the Site. We may change, suspend or
discontinue the Site at any time, including the availability of any feature, database, or Content. We
may also impose limits on certain features and services or restrict User’s access to parts or all of the Site
without notice or liability. We reserve the right, at our discretion, to modify these Terms of Service at any time
by posting revised Terms of Service on the site. User shall be responsible for reviewing and becoming familiar
with any such modifications. Use of the Site by User following such modification constitutes User's
acceptance of the terms and conditions of this Agreement as modified.
User certifies to us that User is an individual (i.e., not a corporate entity) at least 13 years of age.
No one under the age of 13 may provide any personal information to or on the site (including, for example, a name, address,
telephone number or email address). User also certifies that they are legally permitted to use the Site and
access the Site, and takes full responsibility for the selection and use of the Site and access of the Site.
This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
We make no claim that the Site may be lawfully viewed or that Content may be downloaded outside of the
United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the
site from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws
of Your jurisdiction.
Posts deemed by Downranked to be commercial in nature (i.e. meaning that the user is using the Site for advertising purposes)
may be removed. These types of posts may be posted via our advertising program, at a cost to User.
We will use reasonable efforts to ensure that the Site and Services are available.
However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs
or due to failure of telecommunications links, equipment, or other causes. Every reasonable step will be taken by us to minimize
such disruption where it is within our reasonable control.
You agree that we will not be liable in any event to You or any other party for any suspension,
modification, discontinuance or lack of availability of the Site, the service, any User Content, or other Content.
We retain the right to create limits on use and storage in its sole discretion at any time with or without notice.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to,
access the Site or otherwise use the Site, including, without limitation, modems, hardware, software, and long
distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary
services are compatible with the Site.
The Site and its contents are intended solely for the use of the Site Users and may only be used in
accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but
not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio
and video, and animations (collectively, “Content”) (other than Content posted by User (“User Content”))
are the property of Downranked and/or third parties and are protected by United States and international
All trademarks, service marks, and trade names are proprietary to Downranked. and/or third parties.
User shall abide by all copyright notices, information, and restrictions contained in any Content
accessed through the Site.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. Other than as expressly set forth in this Agreement,
User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce
(except as provided in this Section), create derivative works based on, distribute, perform, display, or in
any way exploit, any of the Content, software, materials, or Services in whole or in part.
User may download or copy the Content, and other items displayed on the Site for download, for personal
use, provided that User maintains all copyright and other notices contained in such Content.
Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly
prohibited without prior written permission from Downranked, LLC., or from the copyright holder identified in
such Content's copyright notice. In the event You download software from the Site, the software, including
any files, images incorporated in or generated by the software, and the data accompanying the software
(collectively, the “Software”) is licensed to You by Downranked, LLC. or third party licensors for Your personal,
noncommercial use, and no title to the Software shall be transferred to You. Downranked, LLC. or third party
licensors retain full and complete title to the Software and all intellectual property rights therein.
User is responsible for all of its activity in connection with the Site and accessing the Site.
Any fraudulent, abusive, or otherwise illegal activity or any use of the Site or Content in violation of this
Agreement may be grounds for termination of User’s right to access the Site. User may
not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended
to obtain password, account, or private information from any Site or Service user (Phishing).
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption
codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind
of illegal activity is expressly prohibited. Under no circumstances will User use the Site or the Service
to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual,
(b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false
identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.
Downranked has no special relationship with or fiduciary duty to User. User acknowledges that
Downranked has no control over, and no duty to take any action regarding: which users gains access to the
Site; which Content User accesses via the Site; what effects the Content may have on User;
how User may interpret or use the Content; or what actions User may take as a result of having been
exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user
or subscriber who posted the Content. Downranked does not monitor the Content of the Site and takes no
responsibility for such Content. User releases Downranked from all liability for User having
acquired or not acquired Content through the Site. The Site may contain, or direct User to sites
containing, information that some people may find offensive or inappropriate. Downranked makes no
representations concerning any content contained in or accessed through the Site, and Downranked
will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site.
Although Downranked and the Site will make reasonable efforts to store and preserve the material residing
on the Site, neither Downranked nor the Site is responsible or liable in any way for the failure to
store, preserve or access User Content or other materials you transmit or archive on the Site. You are
strongly urged to take measures to preserve copies of any data, material, content or information you post or
upload on the Site.
The Services, Content, Site and any Software are provided on an "as is" basis, without warranties of any kind,
either express or implied, including, without limitation, implied warranties of merchantability, fitness for a
particular purpose or non-infringement. Downranked makes no representations or warranties of any kind with
respect to the Site, the Site, including any representation or warranty that the use of the Site or
Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware,
software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects
will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Downranked disclaims any liability or responsibility for the accuracy,
reliability, availability, completeness, legality or operability of the material or services provided on this
Site. By using this Site, you acknowledge that Downranked is not responsible or liable for any harm
resulting from (1) use of the Site; (2) downloading information contained on the Site including but not
limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or
data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or
permanent inability to access or retrieve any User Content from the Site, including, without limitation,
harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Third party websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or
other computer links on the Site. Third party sites are not within the supervision or control of Downranked
or the Site. Unless explicitly otherwise provided, neither Downranked nor the Site make any representation
or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services
offered on such site. Downranked and the Site disclaim: (a) all responsibility and liability for content on third
party websites and (b) any representations or warranties as to the security of any information (including, without
limitation, credit card and other personal information) You might be requested to give any third party, and You hereby
irrevocably waive any claim against the Site or Downranked with respect to such sites and third party content.
Registration and security
As a condition to using the Site, User may be required to register with Downranked and select a password
and profile name. User shall provide Downranked with accurate, complete, and updated registration information,
including User’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result
in immediate termination of User's account. User may not (a) select or use as a profile name a name of
another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights
of a person other than User without appropriate authorization. Downranked reserves the right to refuse registration
of, or cancel a profile name in its discretion. User shall be responsible for maintaining the confidentiality of
User's password. User is solely responsible for any use of or action taken under User’s password
and accepts full responsibility for all activity conducted through User’s account and agrees to and hereby
releases the Site and Downranked from any and all liability concerning such activity. User agrees to
notify Downranked immediately of any actual or suspected loss, theft, or unauthorized use of User’s account
or password. The Site will take reasonable security precautions when using the internet, telephone or other
means to transport data or other communications, but expressly disclaims any and all liability for the accessing
of any such data communications by unauthorized persons or entities.
User will indemnify and hold Downranked, its directors, officers, employees, agents, consultants, contractors,
partners, vendors and service providers (including, without limitation, hosting and telecommunications providers)
harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising
out of User’s access to the Site, use of the Site, the violation of this Agreement by User, or
the infringement by User, or any third party using the User's account, of any intellectual property
or other right of any person or entity.
Limitation of liability
In no event shall Downranked, its directors, officers, shareholders, employees, members, agents, consultants,
contractors, partners, vendors and service providers (including, without limitation, hosting and
telecommunications providers) be liable with respect to the Site or the Site for (a) any indirect,
incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits,
data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of
the Site, errors or omissions; or (d) damages related to downloading or posting Content.
Information we get from your use of the Site is primarily non-personally- identifying information of the sort
that web browsers, servers, and services like Google Analytics* typically make available, such as the browser type,
language preference, referring site, and the time of each visit. Other non-identifying information that we might have
access to includes how you use the service (e.g., search queries), your approximate location, cookies, etc. We collect
this non-personally identifying information in order to better understand how visitors use the service
and where possible, to improve their experience. For instance, we may monitor the most common content on the
network to help identify spam. In some cases, we may publicly display information that is not personally identifying
in the aggregate, (e.g., by publishing a report on trends of Site usage) or may provide it to third parties.
When you use the Site, we also collect potentially personally identifying information in the form of
Internet Protocol (IP) addresses. But we don’t use that information to identify you, and we handle and disclose
these addresses in the same way we handle other potentially personally identifying information as described below.
If you send us a request, such as emailing us for support, we reserve the right to publish it (removing personally
identifying information) in order to help us clarify or respond to your request or help other users.
If you are a registered user of the Site and have supplied your email address, we may occasionally send you an
email to tell you about new features, ask for feedback, or just keep you up to date with what’s going
on with the Site. We generally use the Site to communicate this type of information, so we expect
to keep this type of communication to a minimum. If we do send you information that you did not expressly
request, we will provide you with a way to unsubscribe from that type of notification.
Certain visitors to the Site choose to interact with it in ways that
may require them to provide us with personally identifying information. The amount and type of information that
is provided depends on the nature of the interaction. For example, we ask visitors who sign up for stackoverflow.com
to provide a username and email address. We do not disclose personally
identifying information other than as described below. And you can always refuse to supply personally identifying
information, with the caveat that it may prevent you from engaging in certain activities.
If you are outside the United States, any personally identifiable information you enter into the Site will be
transferred out of your country and into the United States, and possibly to other countries. By using
the Site, you consent to such transfer, and are representing that you have the right to transfer such information
outside your country.
We do not knowingly collect any personally identifiable information from children under the age of 13. If you
believe that a child has provided us with personally identifiable information without the consent of his or
her parent or guardian, please contact us at email@example.com. If we become aware that a child under
age 13 has provided us with personally identifiable information, we’ll delete it.
Some users may elect to publicly post personally identifying or sensitive information about themselves in their normal
use of the Site. Information like that, which is voluntarily posted in publicly
visible parts of the Site, is considered to be public, even if it would otherwise be considered to be personally
identifying or sensitive. As such, it is not subject to the privacy terms herein, because we don’t control it; you
do. Additionally, voluntarily publicizing such information means that you lose any privacy rights you might normally
have with regards to that information. It also increases your chances of receiving unwanted communications.
This Policy only applies to information collected by Downranked. The network contains links to third party websites,
and any information you provide to those sites will be covered by any privacy policies they may have. Please be sure
to read the privacy policies of any third-party sites you visit. It is those sites’ responsibility to protect any
information you give them, so we can’t be held liable for their wrongful use of your personally identifying information.
We won’t share your personal information with non-agent third parties unless we are required
to do so by law, or if we believe in good faith that disclosure is reasonably necessary to protect our property,
rights or those of third parties or the public at large. It is possible that we may, on occasion, buy or sell
assets from or to other companies. If that should occur, user information is typically one of the assets that
get transferred. Similarly, if Downranked or most of its assets were acquired, or in the event
that we go out of business or enter bankruptcy, user information could be transferred or acquired. You should be
aware that such events can occur, and that if it does, the buyer may continue to use your personal and non-personal
information, but only as set forth in this policy. Other than in these rare circumstances, Downranked will not
rent or sell potentially personally identifying information to anyone.
Fees and payment
Some of the Site require payment of fees. All fees are stated in U.S. dollars. User shall pay
all applicable fees, as described on the Site in connection with such Services selected by User,
and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise
on the Site. User represents to Downranked that User is the authorized account holder or an
authorized user of the chosen method of payment used to pay for the paid aspects of the Site. All fee-based
Services and virtual goods are provided “AS IS” with no warranties of any kind. Downranked may modify and/or
eliminate such fee-based Services at its discretion. User understands and agrees that the payment for
virtual goods grants User a limited license to use the virtual goods as specified on the Site.
Downranked may change its prices at any time but will provide you reasonable notice of any such changes by posting
the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you
may cancel the services prior to the change going into effect.
Either party may terminate the Site at any time by notifying the other party by any means. Downranked may also
terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability,
if User breaches any of the terms or conditions of this Agreement. Upon termination of User's account,
User’s right to use the Site, access the Site, and any Content will immediately cease. All provisions
of this Agreement which by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access
to and use of the Site and the Site shall not relieve User of any obligations arising or accruing prior
to such termination or limit any liability which User otherwise may have to Downranked or the Site, including
without limitation any indemnification obligations contained herein.
This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding
the subject matter hereof. The failure of
either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights
hereunder. Downranked shall not be liable for any failure to perform its obligations hereunder where such failure results
from any cause beyond Downranked’s reasonable control, including, without limitation, mechanical, electronic or
communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by
User except with Downranked’s prior written consent. Downranked may assign this Agreement in whole or in part
at any time without User’s consent. This Agreement shall be governed by and construed in accordance with the laws
of the state of Utah without regard to the conflict of laws provisions thereof.
No agency, partnership, joint
venture, or employment is created as a result of this Agreement and User does not have any authority of any
kind to bind Downranked in any respect whatsoever.
Design © 2015, Downranked, LLC.,
Original user code contributions under MIT License