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Smack-A-Fact Terms of Use Agreement and Privacy Policy
Smackafact.com (the "Site") is published and maintained by Galaxy Media Inc. 465 Befield Ave Staten Island, NY 10312 ("SAF"). You can e-mail us at info@smackafact.com. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below ("Terms of Use").
Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this site.
Your Right to Use the Site and Its Contents
This Site is only for your use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site for any other business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, SAF grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to images, software, and text (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, SAF is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your use. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for User-Supplied Material
This Site has three or more areas, which allows you to upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Responsibility for User's Material
The Site is interactive. You may use it to send communications. You agree to be responsible for the content of your communications. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although SAF may from time to time monitor or review the Site, SAF is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. SAF will fully cooperate with any law enforcement authorities or court order requesting or directing SAF to disclose the identity of anyone sending such materials.
SAF 's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way SAF uses such material.
Any material submitted to this Site may be changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by SAF anywhere in the world, in any medium, forever. Furthermore, SAF is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that SAF is not obligated to use any such ideas or materials and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to SAF does not cause SAF to have any special responsibility to you.
Links
This Site may contain links to other Internet sites. SAF provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that SAF approves of, endorses or recommends that site. SAF disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.
Notice To/Regarding Children Under the Age of 13
If you are less than 13 years old, you are not permitted to use the Site.
Availability / Liability of Services
The services displayed on the Site may not be available for purchase in your particular locality. The reference to products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
SAF's Right to Change These Terms and Conditions of Use or Content on the Site
SAF may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. SAF may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend and hold SAF and all of its agents, directors, employees, and officers, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in SAF 's defense of any claim. SAF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SAF.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." THE CONTENT ON THIS SITE, SAF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SAF'S NEGLIGENCE, SHALL SAF BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF SAF OR AN AUTHORIZED REPRESENTATIVE OF SAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SAF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Termination
SAF reserves the right, in its sole discretion, to terminate your access to the Site, with or without notice.
Digital Millennium Copyright Act (DMCA)
SAF is compliant with the DMCA. If you believe that content residing or accessible on or through the SAF website infringes a copyright, please send a notice of copyright infringement to info@smackafact.com
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between SAF and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.
Online Privacy Policy
Your Privacy
At SAF we believe that, as an our Internet site visitor ("you") have a right to know our practices regarding the information we collect when you visit our Internet site and what type of information is collected. The guidelines contained herein only apply to your visits to the Internet site operated by SAF.
While SAF does not generally require that you provide us with personally identifiable information in order to visit and use the SAF sites, please note that in order to participate in some activities, such as becoming a member, requesting employment and sending messages to SAF, it will be necessary for you to provide this information.
Collection of Information: Cookies and Personal information
For each visitor to SAF's Web server automatically recognizes and stores information such as the visitor's IP address/Domain name combination. We use this information to understand visitor traffic patterns through our site for purposes such as enhancing its usability. Your computer provides this information automatically each time you log on, unless you've activated blocking technology available in some browsers.
When you visit SAF's sites, we will use an industry-wide technology called "cookies" and "doubleclick cookies" which stores certain information on your computer. Users may opt out of the use of the doubleclick cookie for interest-based advertising by visiting Ads Settings.
SAF may ask you to provide "personal information", meaning individually identifiable information that you provide on our Web sites such as your email address, name, mailing address, or telephone number which is associated with individually identifiable information, to enable you to order services. SAF may combine the information you provide on our Web sites with other information we may collect from you or from third parties so that we can more effectively tailor our site and services.
SAF may contact you to provide information about services. SAF will not share the personal information you provide on the SAF Web sites with any other parties, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom SAF conducts business, such as subcontractors, joint ventures, complementary and supplementary service providers; or (d) when necessary to protect the personal safety or property of our users, the public or SAF.
Security
While SAF cannot guarantee that unauthorized access will never occur, rest assured that SAF takes care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.
Notice To/Regarding Children Under the Age of 13
Due to the Child Online Privacy Protection Act, children less than 13 years of age are not permitted to use the SAF site.
Use and Disclosure of Anonymous Aggregated Information
SAF may also collect, aggregate and maintain anonymous information about the visitors to our Web sites, such as visitors' browsing habits. This data can then be used to tailor SAF's Internet site content to deliver a better experience for our visitors. In addition, SAF may also share such aggregate information about our visitors with business partners.
Consent to Processing:
By providing any personal information to the SAF Site, all users, fully understand and consent to the collection and processing of such information in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while it is in place. SAF reserves the rights to change this policy at any time, so please re-visit this page regularly. Changes to this privacy policy are effective at the time they are posted to this site.
Questions:
If you have any questions or comments about our personal information practices or about this privacy statement, please send us an email at info@smackafact.com.