TERMS OF SERVICE FOR Smartfone.net
AGREEMENT BETWEEN USER AND Smartfone.net
1. ACCEPTANCE OF TERMS
This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
2. PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy,? distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.
3. LINKS TO THIRD PARTY SITES
This Web site may contain links to other World Web Web sites or resources operated by parties other than Smartfone.net. Such links are provided for your convenience only. Because Smartfone.net has no control over such sites and resources, you acknowledge and agree that Smartfone.net is not responsible or liable for any content, advertising,? products, or other materials on or available from such sites or resources. Smartfone.net's inclusion of links to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. You further acknowledge and agree that Smartfone.net 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.
4. DESCRIPTION OF SERVICE
Smartfone.net currently provides users with access to a rich collection of on-line resources and information including forums, reviews, articles, email, polling, file exchange, web page hosting services amongst other things (the ?Services?). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Smartfone.net resources, shall be subject to the Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content,? and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
5. PRIVACY POLICY
Pursuant to Smartfone.net's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service, or under any of the other circumstances set forth in our privacy policy,? as may be amended from time to time.
6. MEMBER CONDUCT
As a condition of your use of this Web site, you warrant to Smartfone.net that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
This Web site contains forums, chat areas, bulletin board services, communities and/or other message or communication facilities (collectively, "Communities"), you agree to use the Communities only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane,? defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(c) Impersonate any person or entity, including, but not limited to, a Smartfone.net official, forum moderator, admin, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(d) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
(e) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
(f) Upload, post or otherwise transmit any Content that infringes any patent, trademark,? trade secret, copyright or other proprietary rights of any party.
(g) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) Advertise or offer to sell any goods or services for any purposes unless in the Smartfone.net Marketplace Forums. The Smartfone.net Marketplace Forums are for non-commerical purposes only.
(i) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(j) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
(k) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(l) Restrict or inhibit any other user from using and enjoying the Communities.
(m) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
(n) ?Stalk? or otherwise harass another.
(o) Collect or store personal data about other users.
7. TERMINATION AND ACCESS RESTRICTION
You agree that Smartfone.net, in its sole discretion, may terminate your password,? Smartfone.net Membership, use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Smartfone.net believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service.
Smartfone.net may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Services may be effected without prior notice, and acknowledge and agree that Smartfone.net may immediately deactivate or delete your Smartfone.net Membership and all related information and files in your Smartfone.net Membership and/or bar any further access to such files or the Services. Further, you agree that Smartfone.net shall not be liable to you or any third-party for any termination of your access to the Service.
Smartfone.net reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
8. ADVERTISEMENTS AND PROMOTIONS
Smartfone.net runs advertisements and promotions. By using Smartfone.net, you agree that Smartfone.net has the right to run such advertisements and promotions. The manner,? mode and extent of advertising by Smartfone.net is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services,? and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Smartfone.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. CENSORSHIP
Smartfone.net has no obligation to monitor the Communities. However, Smartfone.net reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smartfone.net?s sole discretion.
Smartfone.net does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Smartfone.net does not control or endorse the content, messages or information found in any Community and, therefore, Smartfone.net specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum moderators and admin are not authorised Smartfone.net spokespersons,? and their views do not necessarily reflect those of Smartfone.net.
10. INDEMNITY
You agree to indemnify and hold Smartfone.net, 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 your Content, your use of the Service, your connection to the Service,? your violation of the Terms of Service, or your violation of any rights of another.
11. LIABILITY DISCLAIMER
The information, software, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Smartfone.net may make improvements and/or changes in this Web site at any time.
Smartfone.net MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS,? AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,? SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Smartfone.net HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,? SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Smartfone.net BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,? SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,? DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,? SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE,? OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,? TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Smartfone.net HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE,? OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
12. SERVICE CONTACT
Contact feedback@Smartfone.net with questions or problems with this Web site.
13. MODIFICATION OF THESE TERMS AND CONDITIONS
Smartfone.net reserves the right to change the terms, conditions, and notices under which this Web site is offered.
14. GENERAL INFORMATION
The Terms of Service constitute the entire agreement between you and Smartfone.net and govern your use of the Service, superceding any prior agreements between you and Smartfone.net. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Smartfone.net services, third-party content or third-party software. The Terms of Service and the relationship between you and Smartfone.net shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and Smartfone.net agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore. The failure of Smartfone.net to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service 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 use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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