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    Smack Digital Inc.

Terms Of Use

These Terms of Use apply to and govern the use of this website by you and any authorized user of your account.

This site is owned and operated by Smack Digital Inc. (herein referred to as "Smack Digital"). These Terms of Use apply to and govern your, and any authorized user of your account, use of this site, including all services provided therein. Your use of this site signifies your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access or otherwise use this site. Smack Digital reserves the right, at its sole discretion, to change, modify, add or remove any portion of this site or these Terms of Use, in whole or in part, at any time. Changes to these Terms of Use will be effective when posted. You agree to review these Terms of Use periodically to be aware of any changes. Your continued use of this site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

License To Use This Site

Smack Digital grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use. Smack Digital reserves the right to monitor content on the site and to remove content which Smack Digital, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these terms.

Copyright and Licenses

The contents of the site are copyrighted by Smack Digital under international copyright laws. The downloadable works are copyright their respective owners. You may print and download portions of material from the different areas of the site solely for your own non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Smack Digital or any third party information provider to the site. You agree not to change or delete any proprietary notices from materials downloaded from the site.

Downloadable Software

While Smack Digital ensues measures to ensure software security, there are inherent dangers in the use of any software. Before downloading and/or installing any software, we caution you to ensure complete understanding of potential risks including but not limited to the potential infection of your system by computer viruses. You are solely responsible for adequate protection and backup of data and equipment and you assume all risks associated with any downloaded software.

Software License

Use of our software is governed by the terms of our Software License Agreement.

Disclaimer

While Smack Digital takes thorough measures to ensure the safety and security of its site and downloads, you understand that Smack Digital cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the Internet. Smack Digital does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, any merchandise, information or service provided through the site or on the Internet generally, and Smack Digital shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Smack Digital does not warrant that the site will be uninterrupted or error-free or that defects in the site will be corrected. The site and any software made available on the site are provided on an \"as is, as available\" basis.

The documents and related graphics published on this site may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Smack Digital and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this site may let you leave Smack Digital's site. The linked sites are not under the control of Smack Digital and Smack Digital is not responsible for the contents of the linked site, any linked site contained in a link site, or any changes or updates to such sites. Smack Digital provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smack Digital of the site. You understand further that the Internet contains unedited materials some of which may be offensive to you. You access such materials at your own risk. Smack Digital has no control over and accepts no responsibility whatsoever for such materials.

Limited Liability

Under no circumstances, including, but not limited to, negligence, shall Smack Digital be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, the site, the site's materials, or the software, even if Smack Digital has been advised of the possibility of such damages. In no event shall Smack Digital's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Smack Digital's liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Smack Digital, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

The provisions of these Terms of Use are for the benefit of Smack Digital and its agents, directors, employees, licensors, officers, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

User Submissions

Any material, information or other communication you transmit or post to this site, unless specified, will be considered non-confidential and non-proprietary communications. Smack Digital shall have no obligations with respect to the communications. Smack Digital and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data embodied therein for any and all commercial or non-commercial purposes.  No compensation will be paid with respect to the use of your submission, as provided herein.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the provincial or federal courts located in Vancouver, BC/Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Password and Username

By using this site and/or registering for an account, you certify that you have the right to bind to these Terms (and any additional terms necessary for access to password controlled content) and certify that all information provided in the registration process is accurate and correct. If registering on the behalf of a company you certify that you are a representative of your company with the right to act on their behalf.

Your user name and password are unique to you/your company and you are responsible for maintaining the confidentiality of your username, password and access to your account. You are solely responsible for any and all activities that occur under your user name and password and agree to notify Smack Digital immediately upon any unauthorized use of your username, password or account or any other breach of security. Smack Digital will not be liable for any loss that you may incur as a result of unauthorized use of your username, password, or account, either with or without your knowledge. However, you could possibly be held liable for losses we incur as a result of the misuse of your username, password or account.

Termination

You understand and agree that Smack Digital may, in its sole discretion and at any time, terminate your account, and discard and remove any content posted or submitted by you, for any reason. You understand and agree that Smack Digital may take any one or more of these actions without prior notice to you. Should Smack Digital take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your Registration Information and submitted content. You understand and agree that Smack Digital shall not have any liability to you or any other person for any termination of your access and/or the removal of information concerning your account.
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