Conditions Governing All Users of Services

The Services are available only to Users:

• Who are human (not bots, except for certain authorized API users) and 18 years of age or older.
• Who submit truthful and accurate information about themselves and maintain the accuracy of such information.
• Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.
• With a valid email address.
• Who do not to authorize others to use their contact information.

You acknowledge that portions of the Site are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.

Trademarks; Copyrights; Proprietary Rights

SmackMedia Marketing owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site ("Agency Content").

SmackMedia Marketing owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with Agency Content, and the Site.

Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Agency Content in whole or in part except as expressly authorized in writing by SmackMedia Marketing. SmackMedia Marketing does not grant any express or implied rights in SmackMedia Marketing Content to Users, and all rights in and to the Sites and to Agency's Content are retained and reserved by SmackMedia Marketing.

Agency Warranties and Limitations

SmackMedia Marketing provides the Site "as-is". Agency provides no express warranties, guarantees, or conditions related to the Site. To the extent permitted by law, SmackMedia Marketing disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Agency does not warrant that the Site will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User. Users may have additional rights as a consumer under local law that this Agreement cannot change.

LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS

SmackMedia Marketing does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will SmackMedia Marketing or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.

Miscellaneous Clauses

Electronic Form. By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.

Notices. If SmackMedia Marketing must send you additional information regarding the Sites or our Services, or in connection with this Agreement, you consent to receiving this information electronically. SmackMedia Marketing may provide required information to you by email at any address you provided via the Site. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. SmackMedia Marketing is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.

Entire Agreement. The Terms of Service (along with the Privacy Policy) constitutes the entire agreement between you and SmackMedia Marketing and govern your use of the Site, superseding any prior agreements between you and SmackMedia Marketing (including, but not limited to, any prior versions of the Terms of Service).

To ask questions or comment about this policy and our privacy practices, contact us at gary@getsmackmedia.com.

PRIVACY

The information provided during this registration is kept private and confidential, and will never be distributed, copied, sold, traded or posted in any way, shape or form. This is our guarantee.

INDEMNITY

You agree to indemnify and hold us,. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you receive, submit, reply, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ,. AND US, IT'S CUSTOMERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SERVICE;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO THE SERVICE.

By registering and subscribing to our email and SMS service, by opt-in, online registration or by filling out a card, "you agree to these TERMS OF SERVICE" and you acknowledge and understand the above terms of service outlined and detailed for you today.