SMARTMAG ApS WEBSITE USER AGREEMENT AND DISCLAIMERS
Please read the following terms and conditions carefully before using our Web site smartmag.com. By accessing or using our site, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our site. The following terms and conditions apply to all of our Web sites, including any Web sites owned, operated or sponsored by any of our subsidiaries or affiliates. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on our Web site.
1. WE PROVIDE OUR WEB SITE FOR YOUR CONVENIENCE ONLY
Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:
The content is accurate or complete;
The content is up-to-date or current;
The content is free from technical inaccuracies or typographical errors;
The content is free from changes caused by third party; and
Your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. WE PROVIDE OUR WEB SITE “AS IS” AND DISCLAIM ALL WARRANTIES
Our Web site content is provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.
3. WE DO NOT HAVE RESPONSIBILITY FOR LINKS TO THIRD PARTY CONTENT
We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third-party content on our Web site by framing or other methods. The links to third-party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses, and other items of a destructive nature.
4. IF WE PROVIDE A LINK, WE DO NOT NECESSARILY ENDORSE A THIRD PARTY
We reserve the right to terminate a link to a third-party Web site at any time. The fact that we provide a link to a third-party Web site does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third-party Web site’s owners or sponsors.
5. IF A THIRD PARTY LINKS TO OUR WEB SITE, IT IS NOT AN ENDORSEMENT
If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site. A Web site that links to our Web site:
May link to, but not replicate, our content;
Should not create a browser, border environment or frame of our content;
Should not imply that we are endorsing it or its products;
Should not misrepresent its relationship with us;
Should not present false information about our products or services; and
Should not contain content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups.
6. IF YOU TRANSMIT OR PROVIDE DATA TO US, IT IS NON-CONFIDENTIAL
We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to or post on our Web site any material, data, information, or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.
You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
7. YOUR USE OF OUR WEB SITE IS RESTRICTED
Our Web site and its content are owned and operated by us. Our Web site’s content is eligible for protection under U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is eligible for protection under domestic and foreign trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No content from SMARTMAG.COM or any other Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, “mirror” any material contained on our Web site on any other server. The sole exceptions to these restrictions are:
You obtain written permission from us to waive these restrictions; or
You may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices, do not modify, copy or post the content on any network computer or broadcast in any media, and obey all applicable laws.
If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
8. BY PROVIDING CONTENT, WE DO NOT ALLOW YOU TO USE OUR TRADEMARKS
The trademarks, service marks, and logos of SMARTMAG APS, DENMARK, used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Web site should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of SMARTMAG ApS or any other SMARTMAG subsidiary, or our logo(s) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo(s) as a hyperlink to our Web site unless you obtain our written permission in advance.
9. YOU MUST OBEY LOCAL LAWS IN ACCESSING OUR WEB SITE
This site is controlled by us from our office in Denmark. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are solely responsible for compliance with all applicable local laws. Any claims relating to our Web site and its content and materials shall be governed by the laws of Denmark without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties’ obligations shall be brought exclusively in a court in Denmark.
10. YOU ARE BOUND BY CHANGES IN THIS AGREEMENT’S TERMS AND CONDITIONS
We may at any time revise these terms and conditions by updating this posting. By using our Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current SMARTMAG APS Web Site User Agreement and Disclaimers to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other written agreement between SMARTMAG APS, and its customers or vendors, the expressed terms and conditions of the latter agreement shall prevail.
11. YOU AGREE TO INDEMNIFY US FOR USING OUR WEB SITE
You agree to indemnify, defend and hold harmless SMARTMAG APS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
12. THIRD PARTIES MAY HAVE RIGHTS UNDER THIS AGREEMENT
Some of the provisions of this Agreement are for the benefit of SMARTMAG APS, and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. THIS AGREEMENT MAY BE TERMINATED
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Web site after you have terminated this Agreement. Provisions 2, 6, 7, 8, 9, 11, and 12 of this Agreement shall survive any termination of this Agreement.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.