Terms of Service
Welcome to SmartyTags! We offer you SmartyTags for your personal enjoyment on the condition that you agree to abide by the following terms.
BY ACCESSING AND USING SmartyTags, YOU AGREE TO THESE TERMS OF SERVICE.
About These Terms
These terms serve as an agreement between yourself and/or affiliated business entity ("you") and Smarty Tags LLC ("SmartyTags","we", or "us"), which you are accepting online, and which govern your use of SmartyTags features and software. Since SmartyTags is an online, interactive service, you agree that we may provide you with important information and terms electronically, either by email or by posting such notices online. You may not use SmartyTags unless you comply with these terms.
We May Need to Change These Terms
SmartyTags may need to modify these terms. You agree that we may modify these terms at any time. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of SmartyTags after we post changes to this agreement means that you accept the new terms.
Eligibility requirements for SmartyTags: (a) for features that require registration, you must complete the registration process and agree to these terms; (b) all contact information you submit must be true, complete, and up to date; and (c) You must be 13 years or older. (d) You must be a human. Accounts registered by "bots" or other automated methods are not permitted. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time. We may refuse the use of any user name that we determine is unacceptable.
Responsibilities when you use SmartyTags: You must keep your log-in information confidential. You must comply with all laws and these terms. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use SmartyTags. You must back up at your own expense any data, such as contact information, files and other data that you desire to keep.
The content and software offered by or through SmartyTags are owned by us, our suppliers and others who post or make available such materials. The content and software are protected by copyright and other intellectual property laws and treaties. We and our suppliers reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of SmartyTags. You may not modify, adapt, or create derivative works from SmartyTags. Do not remove proprietary notices. Do not help any one else to do any of the things prohibited in this paragraph.
Your Rights to Use SmartyTags
We offer you the following rights to use SmartyTags provided that you continue to comply with the terms of this agreement. We offer you SmartyTags (including its content, software and services) on a personal, limited and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else. You may access the service only through the software, interfaces and protocols provided or authorized by us.
Rules of Conduct
In order to make SmartyTags accessible and a positive experience for all users, and to protect the rights of others (such as their rights of privacy and other legal rights), you agree to abide by the following rules of conduct. You may not submit, offer links from, share, post or transmit through the service any material, or otherwise engage in any conduct that:
- Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including our employees and agents;
- Contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Offers, promotes or encourages betting or wagering prohibited by law;
- Violates this Agreement, guidelines, the anti-spam terms below, or any policy posted on the service;
- Interferes with the use of SmartyTags by others;
- You may not submit -- or cause to submit -- anything that is false or that you know is inaccurate.
We may take any legal and technical remedies to prevent the violation of this Agreement.
You may not use SmartyTags to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications. You may not harvest information about your users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use SmartyTags to violate the terms of this section. We may terminate your access or use of SmartyTags immediately and take any other legal action if you, or anyone using your access to SmartyTags, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.
Content Provided by Others
We are not liable for content or materials that are provided by others, including our advertisers. We are not responsible for content on sites outside of our control. We have no duty to pre-screen content. We reserve the right to remove content from SmartyTags for any reason, but are not responsible for any failure or delay in removing such material.
If you believe that your work has been copied and is accessible on the service in a way that constitutes copyright infringement, please contact us by sending an email to copyright@SmartyTags.com to report possible copyright infringement. In your email, you must provide us with the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- The basis of the ownership interest of the intellectual property that you allege is being infringed;
- Where the material that you claim is infringing is located on the site so that we can locate it;
- Your full name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
We make no representation that SmartyTags is appropriate or available for use in locations outside the United States, and accessing SmartyTags from territories where the service is illegal is prohibited.
Terms for Purchases
- We may offer from time to time services and products for a fee.
- You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchases.
- When you make a purchase from us, you must provide a valid and accepted payment method. You must be authorized to use the payment method.
- You authorize us to charge you for any purchases you make from us using your payment method and for any paid feature of the service for which you choose to sign up or use.
- SmartyTags reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the product (or any part thereof) with or without notice.
- Prices and availability of any products or services are subject to change at any time.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SmartyTags does not accept any liability for such loss.
Cancellation and Termination
- Please contact firstname.lastname@example.org to cancel your account.
- All of your content and data will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel your account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Disclaimer of Warranties
We provide SmartyTags "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of SmartyTags. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF SmartyTags IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON SmartyTags, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses – including attorney's fees – that arise from your use or misuse of SmartyTags.
These terms make up the entire agreement between you and us regarding your use of SmartyTags. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of Ohio govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Hamilton County, State of Ohio, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in force and effect.