Terms of Use
Please read this carefully, as your continued use of the website is evidence that you have consented to the terms below.
1. Acceptance of Terms.
By (i) using this Web site or any other web sites of
Private Enterprise Smartphoneware ("Smartphoneware")
(the "Site") with links to these Terms of Use (the "General Terms")
in any way, including using, transmitting, downloading or uploading
any of the services or functionality ("Services") or materials made
available or enabled via the Site by Smartphoneware or (ii) merely
browsing the Site, you agree to these General Terms. "Materials"
includes any (x) information, data, documents, images, photographs,
graphics, audio, videos, or webcasts, (y) products, and (z) Smartphoneware
software code and associated documentation ("Software"), in each case made
available or enabled by Smartphoneware.
You may not use the Services, or accept the General Terms, if (i) you
are not of legal age to form a binding contract with Smartphoneware, or (ii)
you are prohibited by law from receiving or using the Services.
Smartphoneware may change the General Terms from time to time at its
sole discretion. If we decide to change General Terms, we will post
those changes on this page.
2. Use of Site, Services and Materials.
You agree to adhere to all limitations on dissemination, use and
reproduction of any Materials that you download or access from the Site.
Unless expressly agreed to by Smartphoneware in writing elsewhere,
Smartphoneware has no obligation to store any Materials that you upload,
post, email, transmit or otherwise make available.
Smartphoneware has no responsibility or liability for the deletion or
accuracy of any Materials, the failure to store,
transmit or receive transmission of Materials, or the security, privacy,
storage or transmission of other communications originating with or involving
use of the Services.
You agree that your customer care system access information
("Log-In Information") will always be complete, accurate
and up-to-date. It is your responsibility to keep your Log-In
Information confidential and you are solely responsible for all activity
that occurs under your Log-In Information. If you become aware of any
unauthorized use of your account or any other breach of security, you
agree to notify Smartphoneware immediately. Smartphoneware may require
that you change your Log-In Information at any time for any reason.
You agree to use the Services and the Materials only for purposes that
are permitted by the Terms and any applicable law, regulation, or
generally accepted practices or guidelines in any applicable
jurisdiction (including any laws regarding the export of data or software)
("Law").
3. Use of Software.
Any Software that is made available via the Site is the property of Smartphoneware and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Some license terms are available for review at http://www.smartphoneware.com/license_to_use.php and are incorporated herein by this reference. Other license terms may only be posted with the Software downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
4. Feedback.
By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Smartphoneware you acknowledge and agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) Smartphoneware is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Smartphoneware, in its discretion, shall be entitled to use and disclose such Feedback for any purpose, in any way, in any media worldwide, (iv) Smartphoneware may have something similar to the Feedback already under consideration or in development, (v) the Feedback automatically become Smartphoneware's property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from Smartphoneware under any circumstances.
5. Links to Third Party Sites.
The Site, Services and Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Smartphoneware to you as a convenience and the inclusion of the links does not imply any endorsement by Smartphoneware of any Linked Site. Smartphoneware has no control of the Linked Sites and you agree that Smartphoneware is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
6. Modifications to Site, Services and Materials.
Smartphoneware may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that Smartphoneware shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.
7. Termination.
You agree that Smartphoneware, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Smartphoneware believes you have violated or acted inconsistently with the letter or spirit of these Terms.
8. DISCLAIMER OF WARRANTIES.
THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY SMARTPHONEWARE
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, SMARTPHONEWARE MAKES NO WARRANTY THAT (i) THE SITE,
SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, (iii) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET
YOUR EXPECTATIONS, OR (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR
MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM SMARTPHONEWARE OR THROUGH OR FROM USE OF THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SMARTPHONEWARE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY
ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR
PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. SMARTPHONEWARE ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE
SITE OR ANY OF THE SERVICES.
SMARTPHONEWARE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT
OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE
SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR
KNOWLEDGE.
9. Limitation of Liability.
IN NO EVENT SHALL SMARTPHONEWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF SMARTPHONEWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE SMARTPHONEWARE'S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SMARTPHONEWARE OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
© Smartphoneware 2005-2010