YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless SMARTQ for losses incurred by SMARTQ or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
YOUR RESPONSIBILITY FOR SECURITY
SMARTQ assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.
OWNERSHIP AND USE OF CONTENT
OWNERSHIP AND USE OF TRADEMARKS
The trademarks and service marks "SMARTQ" and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) displayed on the Site are owned by SMARTQ . Other proprietary SMARTQ marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use including, but not limited to, as metatags, key words, text or other links or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by SMARTQ.
This Site may contain links to third-party websites. SMARTQ does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that SMARTQ is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, SMARTQ does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.
Not all of the products or services described on this Site are available in all areas of the United States and/or you may not be eligible for them. We reserve the right to determine eligibility.CONTENT POSTED BY YOU
All information, ideas, suggestions, or other communications you submit to SMARTQ, including, but not limited to, content posted on the Site or communications sent via e-mail, will be on a non-confidential basis. By submitting or posting content to the Site, you grant SMARTQ the irrevocable, perpetual, worldwide, right to use, reproduce, disclose, display, perform, distribute, adapt, modify, and promote this content in any medium. Once you submit or post content to the Site, SMARTQ does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. SMARTQ owns all right, title, and interest in any compilation, collective work or other derivative work created by SMARTQ using or incorporating content posted to the Site.
CONTENT POSTED BY OTHER USERS
SMARTQ is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another member on the Site. Under no circumstances shall SMARTQ be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact SMARTQ. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
ACTIVITIES PROHIBITED ON THE SITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. SMARTQ reserves the right to investigate and take appropriate legal action against anyone who, in SMARTQ's sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to - the following:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SMARTQ in its sole discretion or pursuant to local community standards. However, SMARTQ takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming";
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of SMARTQ, exposes SMARTQ or any of its customers or suppliers to any liability or detriment of any type.
SMARTQ reserves the right, but is not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of the Site;
- Monitor, edit, or disclose any posting on the Site; and
- Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
SMARTQ reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
This Site does not intend to market any SMARTQ products or services to children under thirteen (13) years of age. SMARTQ does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
All Content and any oral information provided by SMARTQ executives that relates to SMARTQ's future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them.GOVERNING LAW
Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. SMARTQ assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTQ, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, FRANCHISEES AND ITS VENDORS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SMARTQ makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. SMARTQ cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SMARTQ cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. SMARTQ cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. SMARTQ does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
NOTICE AND TAKEDOWN PROCEDURE
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the Digital Media Law Project (the "SMARTQ") as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the SMARTQ site will comply with applicable copyright laws. However, if the SMARTQ receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
The SMARTQ's Designated Agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, the SMARTQ will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the SMARTQ's Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the SMARTQ to locate the material;
- Information reasonably sufficient to permit the SMARTQ to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the SMARTQ's Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, the SMARTQ will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that the SMARTQ will replace the removed material or cease disabling access to it in 10 business days. SMARTQ will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, the SMARTQ will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is the SMARTQ's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that SMARTQ determines are reasonable under the circumstances.