1. ACCEPTANCE OF TERMS
3. USE OF THE SITE AND SERVICES
4. USER CONDUCT
b. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s of publicity, contractual rights, fiduciary rights or intellectual property rights;
d. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purposes or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Smartspider which consent may be withheld by Smartspider in our sole discretion;
e. post non-local or otherwise irrelevant Content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure that would interfere or attempt to interfere with the proper working of Sites and Services or any activities conducted on the Sites and Services.
f. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity including misrepresenting a relationship with Smartspider or otherwise attempt to mislead others as to the identity of the sender or origin of a review or rating;
g. knowingly provide or submit false or misleading information;
h. use the Sites and Services if you are under the age of eighteen (18);
i. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services to any server used by;
j. use the Sites and Services in any way that could interfere with the rights of Smartspider or the rights of other users of the Sites and Services;
k. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Smartspider by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
l. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancel bots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
m. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep link’, scraper, ‘robot’; ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Sites and Services; or
n. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of Sites and Services or any network connected to the Sites and Services.
5. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services. We may require that you provide login information such as a username and password to access your use of the Sites and Service. You are responsible for maintaining the confidential information not generally available to others and are fully responsible for all activities that may or may not have occurred. Please contact us if you have questions about managing multiple accounts.
6. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
a. You grant to Smartspider a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable license distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Smartspider all rights, name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that submitted to the Sites and Services;
b. You grant to Smartspider all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction party;
c. Your name and report information may be made available to the public and to the Service Providers on which you report;
d. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you.
7. PUBLICATION AND DISTRIBUTION OF CONTENT
Smartspider cannot and does not guarantee the accuracy, integrity, quality of appropriateness of any Sites and Services. You acknowledge that Smartspider simply acts as a passive conduit and an in publication and distribution of user-generated. You understand that all posted on, transmitted sole responsible for Content or Service Provider Content made available through the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree to the use of your own judgment, and bear all risks associated with, the use of any Content.
8. SERVICE PROVIDERS
Smartspider does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such Content, data, advertising, products, goods or services through any third party or Service Provider, Smartspider is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider and any other terms, conditions, representations or warranties associated with such Service Provider are between you and such Service Provider exclusively and do not involve Smartspider. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services. Additionally, we may provide links to provider websites on wwwSmartSpider.net and Smartspider does not control or operate any such Service Provider, third party or Service Provider websites. While on these third party or Service Provider websites it is your responsibility to review policies for content and accuracy. You agree that Smartspider will not be responsible for content, advertising, products, goods or services provided on or through these outside websites or for your use or inability to use such websites. Smartspider does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider websites. You use these third party or Service Provider websites at your own risk.
9. TERMINATION OF ACCESS
Smartspider may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services. Furthermore, you acknowledge that SmartSpider has the right to take action -- technical, legal right or otherwise – to block, nullify or deny your ability to access the Sites and Services. You understand that Smartspider may exercise this right in its sole discretion and this right shall be in addition to and not in a substitution for any other rights and remedies available to Smartspider.
10. TRADEMARKS AND COPYRIGHTS
SmartSpider, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of SmartSpider LLC in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Smartspider and/or its licensors and are protected by all United States and international copyright laws.
11. Notice and Procedure of Making Claims of Copyright Infringement
Smartspider respects the intellectual property of others. It is our policy to respond expeditiously to intellectual property infringement. We will promptly process and investigate notices of alleged infringement under the Digital Millennium Copyright ACT (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material that is claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
Notifying Smartspider of Copyright Infringement: To provide us with notice of an infringement, you must provide written communication to email@example.com that sets forth the information. Please note that you may be liable for damages (including costs and attorney’s fees) if you materially misrepresent that any activity is infringing your copyright. We will need the following information from you:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
12. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent to communications. Smartspider is not responsible for any delays, failures or other damage resulting from those limitations, delays, failure, and other problems inherent to communications.
13. USER FEEDBACK
Smartspider appreciates hearing from you, as well as our other users, and welcomes your comments. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, or comments regarding our services. In addition, no submissions will be subject to any obligations of confidential future use or disclosure of such submissions.
14. WARRANTIES AND DISCLAIMERS
You acknowledge the Smartspider has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as content on or in connection with the Sites and Services. You release Smartspider from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain or direct you to sites containing, information that some people may find offensive or inappropriate. Smartspider makes no representations concerning any content contained in or accessed through the Sites and Services, and Smartspider will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Smartspider makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOUR ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM: OMISSION OF SMARTSPIDER LLC; COMPUTER VIRUS OR OTHER SIMILAR ITEM; TELECOMMUNICATION ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES’ SERVICES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL SMARTSPIDER OR ANY OF ITS MEMBERS.DIRECTORS, OFFICERS, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SMARTSPIDER OR ANY OF ITS AFFILIATES, MEMBERS, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTSPIDER SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SMARTSPIDER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH IN AND SMARTSPIDER LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OF INFORMATION IN ANY WAY.
Smartspider has no control over and no duty to take any action regarding: other user’s behavior OR how you may interpret or use of Content. The Sites and Services may display links to other Internet sites or resources. You acknowledge and agree that Smartspider is not responsible for the availability of nor endorse and is not responsible or liable for any content, advertising, products or other material resources. You further acknowledge and agree that Smartspider shall not be responsible for liable loss caused or alleged to be caused by or in connection with use of or reliance on any such content through any such site or resource.
16. LIMITATION OF LIABILITY
c. If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
19. GOVERNING LAW
21. CONTACTING US
If you have any comments or questions regarding these Terms, or wish to report any violation; contact us at firstname.lastname@example.org.