In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or
misleading information;(g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k)
to interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of
the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without
notice to you.You expressly agree that your use of, or inability to use,
the service is at your sole risk. The service and all products and
services delivered to you through the service are (except as expressly
stated by us) provided 'as is' and 'as available'
for your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.In no case
shall Smurfers, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use
of the service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even
if advised of their possibility.Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smurfers and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the
rights of a third-party.
15. SEVERABILITY
In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
16. TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.If in our sole judgment you fail, or we suspect
that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us
on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of 30 North Gould Street, Sheridan, WY, 82801, United States.
19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any
time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website
or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
[email protected].