Please review these Terms carefully before using the Services. By using any of the Services, you accept and acknowledge that the Services are hosted in the United States and that your use of the Services is subject to these Terms and Conditions.
These Terms may occasionally change, so we encourage you to review the Terms periodically. If you continue to use the Services after we change the Terms, you accept all changes.
Intellectual Property and Copyright
The content, data, information, designs, and materials associated with these Services and the Content of such Services are protected as intellectual property and other copyright laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, publish, republish, distribute, display, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
Registration, login, and Access
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should change your account password and contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
Our Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant Smart Mobile Phone Solutions, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, partners, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant Smart Mobile Phone Solutions the license(s) above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights), or violate pertinent law.
Account Removal, Suspension or Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
- Restrict or terminate your access to our Services;
- Change or discontinue the Services;
- Deactivate your account(s) and delete all related information and files in your account(s);
- Freeze, suspend, remove, restrict, or deactivate your account and at our discretion store or retain related information, files, and or submissions of said accounts;
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.
Some of the advertisements you see while using our services are delivered by third parties who also collect information through their own cookies, web beacons, and other technologies about your online activities, either on this Web Site or across the Internet, in an effort to understand your interests and deliver you advertisements that are tailored to your interests. These third parties include advertisers, advertising agencies, and ad networks that may collect information when you view or interact with one of their advertisements.
Third parties that currently collect information on the Site for the purpose of serving you with advertising tailored to your interest include, but are not limited to, Google and Amazon.
Smart Mobile Phone Solutions is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
Please note that some of these third parties allow an “opt out” option on their respective websites. If you choose to opt out of having your information used to deliver advertisements tailored to your interests, you will continue to see advertisements on our Web Sites, but these advertisements may not be as relevant to you.
Contests, Drawings and Sweepstakes
Sweepstakes, contests, drawings and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
Policies on Spam and Malicious or Destructive Content
We hate spam, the web spam not the meat, and in order to protect our services and content from such unwanted submissions we exercise the right to use anti-spam forms, tactics, software, text analysis, filters, etc. to prevent unwanted posts on our Services .
Legal and Disclaimers
The Services and information contained in this website is for general information purposes only. Though we try to keep this information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
You will defend, indemnify, and or hold us harmless with respect to any loss of data, content, or loss of information, and any claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses, or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). We retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by these Terms without our written approval.
Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
These Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.