HTTP://www.smartmediatechno.com( “Website” or “Site”) is a website, operated by SMART MEDIA TECHNOLOGY INC (“Smart Media Technology Inc.”), that provides access to free software ("Software"). By using the information and Software available through this Site you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by the terms and conditions, you must leave Smart Media Technology Inc. Site immediately. Any further access from you to Smart Media Technology Inc. Site will be considered as an acceptance of the terms and conditions stated below. Smart Media Technology Inc. may modify this agreement at any time and such modification shall be effective immediately upon posting of the modified agreement on the site. You agree to be bound to any changes to this agreement when you use Smart Media Technology Inc. Site after any such modification is posted. It is therefore important that you review this Terms of Conditions regularly to ensure you are updated with the changes.
By using the Site, you represent and warrant that: (a) you are at least 18 years old (otherwise, Smart Media Technology Inc. shall need written parental consent). Your use of the Site may be terminated without warning, if Smart Media Technology Inc. believes that you are under 18 years of age and you do not comply with the rules stated above; (b) Your use of the Site does not violate any applicable law or regulation.
Intellectual Property Rights
The website, its content, web design, software and underlying technology are properties of Smart Media Technology Inc., Smart Media Technology Inc. affiliates, and Smart Media Technology Inc. partners and are protected by international copyright and trademark laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the copyrighted content on Smart Media Technology Inc. site. Any use of the trademarks or any other copyrighted content on the site without prior written consent of Smart Media Technology Inc. is strictly prohibited.
Your conduct on smartmediatechno.com and any sub-domains
You alone are responsible for your conduct on Smart Media Technology Inc. Site. Without limitation to the foregoing, you agree that you will not use Smart Media Technology Inc. sites to take any of the following actions:
•Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
•Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
•Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Smart Media Technology Inc. site, any software or hardware, or telecommunications equipment;
•Advertise or offer to sell any goods or services for any commercial purpose unless you have Smart Media Technology Inc. written consent to do so;
•Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
•Download any file that you know or reasonably should know cannot be legally obtained in such manner;
•Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
•Restrict or inhibit any other user from using and enjoying any public area within Smart Media Technology Inc. site;
•Collect or store personal information about other end users;
•Interfere with or disrupt Smart Media Technology Inc. sites, servers, or networks;
•Impersonate any person or entity, including, but not limited to, Smart Media Technology Inc. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
•Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Smart Media Technology Inc. sites or to manipulate your presence on Smart Media Technology Inc. sites;
•Take any action that imposes an unreasonably or disproportionately large load on Smart Media Technology Inc. infrastructure;
•Engage in any illegal activities.
Unauthorized access to Smart Media Technology Inc. sites is a breach of these Terms and a violation of the law. You agree not to access Smart Media Technology Inc. sites by any means other than through the interface that is provided by Smart Media Technology Inc. for use in accessing Smart Media Technology Inc. sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of Smart Media Technology Inc. sites, except those automated means that Smart Media Technology Inc. have approved in advance and in writing. Use of Smart Media Technology Inc. sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit Smart Media Technology Inc. right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of Smart Media Technology Inc. sites.
Third-party sites, products, and Services
Delivery of Advertising
By accessing Smart Media Technology Inc. site, you hereby grant Smart Media Technology Inc. permission to display organic search results, sponsor search results and third party search results; this can be in text, video or images.
The timing, frequency, placement and extent of the Advertising changes are determined in Smart Media Technology Inc. sole discretion.
The information, services and products available to you on this Web site may contain errors and is subject to periods of interruption. While Smart Media Technology Inc. will do its best to maintain the information, services and products it offers on the Web site, Smart Media Technology Inc. cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this Web site.
SMART MEDIA TECHNOLOGY INC. PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SMART MEDIA TECHNOLOGY INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF SMART MEDIA TECHNOLOGY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE.
You agree to indemnify and hold SMART MEDIA TECHNOLOGY INC, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these terms and conditions by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity. SMART MEDIA TECHNOLOGY INC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Smart Media Technology Inc. reserves the right, in its sole discretion, to suspend, modify, add or erase at any time parts of its web Content. Moreover, Smart Media Technology Inc. has the right to modify the terms of the present Agreement, at any time and without prior warning. You are to verify the Agreement from time to time, because you acknowledge that you are subject to the modifications as soon as they are posted on the web. If at any moment, some services provided by Smart Media Technology Inc. can be subject to other terms than these stated above, Smart Media Technology Inc. shall post a visible announcement on the website, regarding the specific regulations for that matter.
These terms and conditions shall be governed by and construed in accordance with the laws of Canada and applicable International laws. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the messages contained on the website, or the use of the website, must be filed within one year after such claim or cause of action arose.