terms of service
Welcome to Smartprix! The following terms are as of November 15, 2011.
DESCRIPTION OF SERVICE AND ACCEPTANCE
Smartprix provides a website and online service offering Our website, including the content found on our website, and any other features, tools, applications, materials. It is our pleasure to provide the Smartprix Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the Smartprix Services, it is important to follow the terms and conditions described in this Terms of Service ("Terms of Service" or "Terms"). By visiting the Smartprix Site or using any of the Smartprix Services, you are accepting this Terms of Service. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please send us an email to email@example.com
Smartprix may change this Terms of Service at any time and such change shall be effective upon posting the new Terms of Service on the Smartprix Site at http://www.smartprix.com/about/terms.php. Any visit to the Smartprix Site or use of the Smartprix Services by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
Suspension/Discontinuation of services
We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue - temporarily or permanently - some or all of the Smartprix Services, at any time without notice. It is important that you understand that Smartprix will not be liable to you for any modification, suspension or discontinuance of the Smartprix Services.
Smartprix is not responsible for the content or practices of any other website, even if it links to the Smartprix Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Smartprix. By using the Smartprix Services, you acknowledge and agree that Smartprix is not responsible or liable to you for any content or other materials hosted and served from any third party website.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE SMARTPRIX SERVICES, YOU AGREE THAT USE OF THE SMARTPRIX SERVICES IS AT YOUR OWN RISK. THE SMARTPRIX SERVICES, THE CONTENT, USER CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH SMARTPRIX, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SMARTPRIX DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE SMARTPRIX SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL SMARTPRIX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SMARTPRIX SERVICES (INCLUDING ANY INFORMATION OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT (OR OTHER) INFRINGEMENT
If you believe that any Content, User Material or other material provided through the Smartprix Services, including through a link, infringes your copyright, you should notify Smartprix of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Smartprix receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Smartprix's Copyright Agent firstname.lastname@example.org (subject line: "Copyright Infringment").
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Smartprix Services that is reasonably sufficient to enable Smartprix to identify and locate the material; (d) how Smartprix can contact you, such as your address, telephone number, and email address; (e) a written 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to Smartprix for purposes other than communication about copyright infringement may not be answered.
Smartprix has a policy of terminating repeat infringers in appropriate circumstances.
If you believe that any Content, User Material, username, or other material provided through the Smartprix Services, infringes your trademark or other intellectual property rights, you should notify Smartprix of your infringement claim by sending us an email to email@example.com with the nature of your claim in the subject line.
Integration, Amendment, and Severability
Please note that this Terms of Service constitutes the entire legal agreement between you and Smartprix and governs your use of the Smartprix Services (but excluding any services, if any, that Smartprix may provide to you under a separate written agreement). It may not be amended or varied by you except in a writing signed by Smartprix. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if Smartprix acts in a way that appears to you to be inconsistent with these Terms of Service, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Service operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Thank you for taking the time to read this Terms of Service. By following these Terms, the experience will be better for all users. Enjoy Smartprix and the Smartprix Services!