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Terms of Service


Last Modified: July 20, 2007

1. ACCEPTANCE OF TERMS

The web site available at smargue.com ("Site") is owned and operated by Smargue, Inc. ("Smargue"), a Delaware corporation, and is accessed by you under the Terms of Service described below.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SMARGUE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES ON THE SITE. SMARGUE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.

Smargue reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, as determined at Smargue's sole discretion, Smargue will notify you via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.

2. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Service, Smargue may offer to provide certain services and content ("Services"). Services shall include, but not be limited to, any service and content Smargue performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Smargue may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Smargue may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

3. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with Smargue and select a password and screen name ("Smargue User ID"). You shall provide Smargue with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Smargue account. You may not (i) select or use as a Smargue User ID a name of another person with the intent to impersonate that person; (ii) use as a Smargue User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Smargue User ID a name that is otherwise offensive, vulgar or obscene. Smargue reserves the right to refuse registration of, or cancel a Smargue User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Smargue password.

Services are available only to individuals who are at least 13 years old. If you are younger than 13 years old, please do not attempt to register for or use the Services. There are many other web sites that are more appropriate for you and that you will likely find more interesting.

4. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Smargue.

By way of example, and not as a limitation, you agree not to use the Services:

  • to abuse, harass, threaten, impersonate or intimidate other Smargue users;
  • to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Smargue user;
  • to violate any laws in your jurisdiction (including but not limited to copyright laws);
  • to submit comments linking to affiliate programs, multi-level marketing schemes, or off-topic content;
  • with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

Smargue may remove any Content and Smargue accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Service abuse, please email: abuse@smargue.com

5. CONTENT LICENSE

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Smargue a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

You agree that this licence includes a right for Smargue to make such Content available to other companies, organizations or individuals with whom Smargue has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that Smargue, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Smargue to take these actions.

You confirm and warrant to Smargue that you have all the rights, power and authority necessary to grant the above licence.

6. COPYRIGHT COMPLAINTS

Smargue respects the intellectual property of others. It is Smargue's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Smargue will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Smargue may act expeditiously to remove or disable access to any material 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. Smargue will terminate access for subscribers and account holders who are repeat infringers.

Notifying Smargue of Copyright Infringement: To provide Smargue notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of abuse@smargue.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Smargue with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Smargue with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@smargue.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

7. PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

8. INDEMNITY

You will indemnify and hold harmless Smargue, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or Smargue User ID, of any intellectual property or other right of any person or entity.

9. WARRANTY DISCLAIMERS

You acknowledge that Smargue has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Smargue from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The opinions expressed on this site are those of its users and not of Smargue or its employees. Smargue makes no representations concerning any content contained in or accessed through the Site, and Smargue will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LINKS

The Services may provide, or third parties may provide, links to other web sites or resources. Because Smargue has no control over such sites and resources, you acknowledge and agree that Smargue is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Smargue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Smargue has not reviewed all of the sites linked to its site and is not responsible for the Content of any such linked site. The inclusion of any link does not imply endorsement by Smargue of the site. Use of any such linked web site is at the user's own risk.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL SMARGUE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. TERMINATION

Smargue may terminate or suspend any and all Services and your Smargue account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Smargue account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. TRADEMARKS

Smargue, Smargument and other trademarks and service marks as well as Smargue logos and product and service names are trademarks of Smargue Inc. (the "Smargue Marks"). Without Smargue's prior permission, you agree not to display or use in any manner the Smargue Marks.

14. VIOLATIONS

Please report any violations of the Terms of Service to abuse@smargue.com.