These Terms of Service (“Terms”) governs all websites and digital applications (“Sites”) that link to, or contain references to, this document and are published or made available by Smarthink, its subsidiaries and its affiliates. “Smarthink”, “we”, “us” or “our” means the entity operating the services (“Services”). The person using our Sites and Services (“Services”) is referred to "user", “you” and “your”.
By using our Services, you are entering into an agreement with Smarthink and agree with the Terms that follow.
1. Use of Services
You must follow these Terms and any policies made available to you within the Services. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.
In using our Services, you agree to access, view and use the content solely for your personal, non-commercial use. No part of the content may be downloaded, copied, reproduced, republished (including by means of re-posting on other websites or mobile applications), transmitted, stored, sold or distributed without the prior written consent of the owner or otherwise permitted by law. This excludes the downloading, copying or printing of pages of the Sites for personal, non-commercial home use.
Our Services may display content that does not belong to Smarthink. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of the Services, we may send you service announcements, administrative User Content, and other information.
2. Privacy and Cookies
3. Linked Sites
4. Third Party Applications and Devices
Our Services are integrated with or may otherwise interact with third party applications, websites, and other services (“Third Party Applications”), and third party devices to make the Services available to you. These Third Party Applications and third party devices may have their own terms of service and privacy policies and their use will be governed by and subject to such terms of service and privacy policies.
You understand and agree that Smarthink does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or third party device or for any transaction you may enter into with their provider, nor does Smarthink warrant the compatibility or continuing compatibility of the Third Party Applications and third party devices with the Services.
5. User Guidelines
Smarthink respects intellectual property rights and expects you to do the same. You must follow the rules described below and should encourage other users to do the same. The following is not permitted for any reason whatsoever:copying, redistributing, reproducing, recording, transferring, performing or displaying to the public, broadcasting, making available to the public or any other use which otherwise infringes the intellectual property rights (such as copyright) of any part of our content or the Services;making any use of our content or the Services which is not expressly permitted under the Terms or applicable law;circumventing any technology used by Smarthink, its licensors, or any third party to protect our content or the Services;selling, renting, sublicensing or leasing of any part of our content or the Services;circumventing any territorial restrictions applied by Smarthink or its licensors;providing your password to any other person or using any other person’s username and password;Impersonate any person or entity or misrepresent any affiliation with any person or entity;Collect or store other users' personal data;Restrict or inhibit any other user from using the Sites.
You must comply with any rules posted by us on the Sites or otherwise made available to you. You may NOT engage in any activity, post any User Content, link or register a username, which is or includes material that:is discriminatory, obscene, racist, homophobic or sexist or that contains any form of hate speech or is mean-spirited oriented;is illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;constitute inflammatory religious commentary or inaccurate or misleading quotations of religious texts.encourage violence, are abusive, threatening or make any form of personal attack on another user or on our employees;encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms.infringes the copyright of a third party;contains any form of advertising or promotion for goods and services or any chain messages or "spam";contains software viruses, files or code designed to interrupt, destroy or limit the functionality our Sites.
By submitting User Content to the Sites, you agree to indemnify and hold harmless Smarthink from all claims, costs and expenses (including legal expenses) arising out of any User Content posted or published by you that are in breach of this section.
Smarthink has no control over individuals posting User Content on any Sites. Smarthink cannot guarantee the accuracy, integrity or quality of any User Content. Some users may breach these Terms and post User Content that are misleading, untrue or offensive. You must bear all risk associated with your use of the Sites and should not rely on User Content when you make (or refrain from making) any specific investment or other decision.
6. Intellectual Property
6.1 Rights You grant us
You retain ownership of any intellectual property rights that you hold in the User Content. By submitting User Content to any of the Sites you are granting Smarthink a perpetual, irrevocable, royalty free, non-exclusive licence to use, store, reproduce, modify, translate, make available, distribute and sub-license the User Content in whole or in part, and in any form. This may include personal information such as your user details and your expressions of opinion. Where applicable and permitted under applicable law, you waive any moral rights or equivalent rights that you may have in regard to the User Content. This license continues even if you stop using our Services, but some Services may offer you ways to access and remove your User Content. Smarthink reserves the right to contact you by e-mail about your use of the Sites.
6.2 Rights we grant to you
All our content is strictly for personal, non-commercial use only.
We grant you limited, non-exclusive, revocable permission to make use of the Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of our content. These rights shall remain in effect until and unless terminated by you or Smarthink. You agree that you are using the Services and our content for your own personal and non-commercial use.
Except as expressly permitted above or subject to our prior written permission, you may not reproduce, modify, display, distribute or in any way commercially exploit any of our content.
6.3 Use of our Software
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Smarthink gives you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Smarthink as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Smarthink, in the manner permitted by the Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
7. Changes and Termination of our Services
We reserve the right, in our own discretion and at any time, to suspend, change, modify, add or remove portions of the content available within our Services or to stop the Services. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice. At any time, you can stop using our Services.
8. Disclaimer and Limitations
The information on the Sites is provided on an "as is" basis. To the fullest extent permitted by law, Smarthink:excludes all representations and warranties relating to its Sites and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Sites;
andexcludes all liability for damages arising out of or in connection with your use of its Sites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Smarthink does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Upon Smarthink's request, you agree to defend, indemnify and hold harmless Smarthink, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
9. Additional Terms
9.1 Changes to the Terms
9.2 Entire Agreement
Other than explicitly agreed upon in writing between you and Smarthink, the Terms constitute all the terms and conditions agreed upon between you and Smarthink and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Please note, however, that certain aspects of your use of the Services may be governed by additional terms which are listed on Sites. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail for that conflict.
9.3 Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under these Terms which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the Terms.
9.4 No Waiver
Any delay or failure by either party in exercising any right arising under these Terms shall not constitute a waiver of such right.
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court or other competent body then the remaining provisions shall remain in full force and effect.
10. Contact Us
If you have any questions or concerns regarding these Terms, please contact us by email at [email protected]. You also may contact us by sending a message on our FB social page, @smarthinkme