LEGAL
Smashing Concepts, Inc. ("SCI") - Terms of Service for Your Personal Use
General
Welcome! By browsing or
using SCI's web site, (the "Web Site") you agree to be bound by the
following terms and conditions (the "Terms of Service"), as are in
force from time to time. You hereby acknowledge that SCI may modify the Terms
of Service from time to time, for any reason, and without notice, including the
right to terminate your right to use the Web Site with or without notice,
without liability to you, any other user or any third party.
Personal Use Only
The Web Site is made
available for your personal, non-commercial use only. You may not use the Web Site or any information contained in the
Web Site for any commercial use, without express written permission from SCI.
If you want to make commercial use of the Web Site or any information contained
in the Web Site, you must enter into an agreement with SCI to do so.
If you are interested in
adding a link to the Web Site into your web site, we encourage you to do so,
provided that you undertake to remove such link from your web site immediately
if and when SCI requests you to do so.
Copyright
All rights
reserved © Copyright 2001 Smashing Concepts, Inc.
We own the copyright in the
Web Site, including its graphics design and underlying source files.
You are authorized to copy documents and information published by SCI on this
Web Site provided that:
1.
The use is for informational purposes only.
2.
The use is for non-commercial purposes only.
Any use, which exceeds the
scope of the above license, is forbidden.
Trademarks
"Smashing Concepts", "NaviFind", "SmashCon" and
"smashcon.com" are trademarks of SCI. No mention is made of rights
with respect to other trademarks, service marks or trade names whether registered
or not, which may attach to certain words or signs used herein. The absence of
such mention, however, in no way implies that there is no protection of these
marks, trade names, words or signs. Please note that any product, process or
technology described in the Web Site may be the subject to other Intellectual
Property Rights reserved by SCI or a third party. No right to use such
Intellectual Property Right is granted hereunder.
Material Submitted by Users
Material submitted by users
will be considered non-confidential for all purposes. By making a submission,
by email, forms or other method which may be used from time to time, users
automatically grant to SCI a license to all uses of the submitted material.
Links to Other Sites
In addition to our material, the Web Site may
contain from time to time links to other sites, which some people may find
objectionable, inappropriate, or offensive. Please note that the content of such
sites is developed by people over whom SCI exercises no control. Accordingly, we assume no responsibility for the
content of any such site. Providing a link to another site does not indicate
that we endorse the views expressed there, or that we agree with any of the
information contained therein.
Intellectual Property Policy
It is our policy to respond
to notices of alleged infringement in an appropriate manner under applicable
intellectual property laws, including the removal or disabling of access to
material claimed to be the subject of infringing activity. If you wish to file
a notice of infringement with us, please do so at the following email address: info@smashcon.com.
Disclaimer of Warranties
SCI hereby disclaims any and
all responsibility or liability for the accuracy, content, completeness,
legality, reliability, or operability or availability of information or
material displayed in the Web Site. SCI disclaims any responsibility for the
deletion, failure to store, mis-delivery, or untimely delivery of any
information or material. SCI disclaims any responsibility for any harm
resulting from downloading or accessing any information or material on the Web
Site.
THE INFORMATION IN THE WEB
SITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SCI
EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SCI DISCLAIMS ANY WARRANTIES REGARDING
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEB SITE. SCI
DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
WEB SITE. SCI DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS APPEARING ON THE
WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
APPEARING ON THE WEB SITE.
YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE
WE BSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL
SCI BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR
RELIANCE ON THE WEB SITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR
THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SCI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEB SITE, FROM
INABILITY TO USE THE WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE. THIS LIMITATION SHALL ALSO
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEB SITE OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEB
SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Without limiting the
foregoing, under no circumstances shall SCI be held liable for any delay or
failure in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
User Conduct
You are strictly prohibited
from sending unsolicited commercial email to SCI, whether by use of any email
addresses published on the Web Site or any other email address which you may
become privy to as a result of your using the Web Site.
Privacy Policy
If you choose to communicate with SCI
via email, form or other method of communication, we shall not provide your
details to any 3rd party without your permission. We may, however,
retain all information submitted by you for use by SCI. We hereby expressly
disclaim any responsibility and liability if such information becomes known to
3rd parties, even if this happens as a result of SCI's negligence or
gross negligence. We keep logs of Web Site hits which may identify the host
name and IP address, and use these logs to generate commercial information for our
own usage, including commercial usage. By using the Web Site you are deemed to
have pre-approved the above actions.
Members Accounts
From time to time SCI may
provide access to restricted documents, software and information, published on
or through the Web Site, to specific users (the "Special Users") who
meet certain criteria as SCI may decide at its sole discretion. If you are approved as a Special User, you
will receive a password and account designation upon completing a special
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) provide true, accurate,
current and complete information about yourself as prompted by the special
registration process (b) keep such information updated on a timely basis (c)
immediately notify SCI of any unauthorized use of your password or account or
any other breach of security, and (d) ensure that you exit from your account at
the end of each session. SCI cannot and will not be liable for any loss or
damage arising from your failure to comply with these provisions.
