1. In general
These Terms of Service govern the use of the website www.SmartGamesUSA.com and all of its sub-sites (hereafter “Website”), by SMART n.v., with registered offices at Neerveld 14, B-2550 Kontich, Belgium (hereafter “SMART” or “We”). You can reach us via: FAX: +32 15 45 10 60 Website: www.SmartGamesUSA.com E-mail: email@example.com The term “Service” used hereafter refers to the whole of visiting and/or using the Website (including but not limited to the games featured on the Website), as well as any other related services provided. By using the Service, you acknowledge that you have read and accepted these Terms of Service (hereafter “Terms”). SMART may, at its sole discretion, modify and revise the present Terms at any time. The modified or revised Terms become applicable the moment they are published on the Website. You can review the most current version of the Terms at any time via http://www.SmartGamesUSA.com/terms-use.
3. Content and availability of the Service
The aim of the Service is politically and religiously neutral, and SMART tries to avoid any discrimination in its broadest sense. Information posted on or added to the Service by SMART itself, is the result of profound research and analysis. Nonetheless, the information is supplied without any guarantee of completeness, accuracy and/or actuality. In no event, SMART accepts any responsibility for content posted on or added to the Service, by users or other third parties, and that you may be exposed to, that violates the present Terms. Content posted or added by third parties does not correspond with and/or does not represent SMART’s vision or opinion. The Service may contain or refer to hyperlinks to other websites or webpages of third parties. SMART has no control over the content or other characteristics of those websites or webpages, and SMART cannot be held responsible/liable for the content or characteristics of those websites or webpages. Even if SMART itself adds a hyperlink to another website or webpage, this does not mean that SMART agrees with the content of that site or page. You understand and accept that SMART uses third party services and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. Use of the Service
Only (adults and) children aged 16 years or older are allowed to use the Service without supervision. Children aged less than 16 years old who want to use the Service, need to be supervised by at least one of their parents. SMART is not liable if children aged less than 16 years old use the Service without the required parental control. Use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis. As a user, you understand and agree that:
- You are not allowed to collect and/or use usernames, passwords, Email addresses or other personal data (including pictures) of users for any purpose;
- You are not allowed to use “metatags”;
- You are not allowed to use the Service for unauthorized publicity, including via spam, chain letters or unwanted Emails;
- You are not allowed to use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service, except with our express and prior written consent as noted below. You may not frame or utilize framing techniques to any part of the Service without express written consent;
- You are not allowed to copy, duplicate, reproduce, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express and prior written permission of SMART;
- You are not allowed to upload or post spam messages;
- You are not allowed to upload, post or transmit any worms, viruses or any code of a destructive nature;
- You are not allowed to modify, adapt or hack the Service or modify any third party website to falsely imply that it is associated with the Service provided by SMART;
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and/or software laws).
- You are not allowed to use the Service for commercial purposes; only private use of the Service is allowed.
We may, but we have no obligation to, remove, without prior notice or justification, content, and accounts containing content, that we determine in our sole discretion as unlawful, offensive, threatening, pornographic, obscene or otherwise objectionable, or content that violates in another way the present Terms. You are allowed to create a “hyperlink” on your own website to the homepage of our Website. In case you want to create a “deep link” to specific content on our Website, you need to get our express and prior written consent. SMART reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof (including but not limited to the games featured on the Website) with or without notice at any time.
5. Copyright and other intellectual property rights
The games featured on the Website (including the games available for download as smartphone “apps”), including all texts, drawings, photographs, films, images, data, databases, software (including source code), names, trademarks, logo’s and/or other elements used in - or related to - those games, are protected by intellectual property rights (including but not limited to copyright protection, software protection and database protection) and belong to SMART and/or its affiliates (including but not limited to SMARTGAMESLIVE Inc., company under US law). In general, all texts, drawings, photographs, films, images, data, databases, software, names, trademarks, logo’s and other elements of the Service are protected by intellectual property rights and belong to SMART or third parties. All databases of the Website are subject to the legal protection of databases, both on their structure as on their content. SMART, its logo’s, graphics, button icons, scripts, and service names are trademarks or trade dress. They may not be used in connection with any product or service that is not SMART’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits SMART. All other trademarks not owned by SMART that appear or might appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SMART. It is strictly prohibited to save, reproduce, modify, publish, distribute, transmit or sell information and content (including but not limited to the featured games) provided on or through the Website, without prior written consent of SMART. In any case it is strictly forbidden to transfer (or grant a third party certain rights to) that information or content, in a way that infringes the related intellectual property rights of SMART or any other third party.
6. Limitation of Liability
You understand and agree that SMART cannot and will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SMART has been advised of the possibility of such damages) resulting from:
- Malfunctions, interruptions or errors in the electronic delivery of services or information through the Website;
- Viruses that may, despite the precautions taken, occur on the Website;
- An error and/or negligence committed by employees and/or subcontractors of SMART, or fraudulent falsification of data by third parties, due to unauthorized intrusion into the Website;
- Statements or conduct of any third party on the Website;
- The inability to use the Service;
- Unauthorized access to or alteration of your transmissions or data;
7. Modification of the Terms
SMART may, at its sole discretion, modify and revise the present Terms at any time. The modified or revised Terms become applicable at the moment they are published on the Website. Each registered member shall be notified by e-mail of the sort of the modification or revision. With regards to the members, who have subscribed themselves after the modification or revision were published on the Website, these modifications or revisions shall become applicable with immediate effect. The continued use of the Service after notification of the modified or revised Terms shall be deemed as your approval with the relevant modifications or revisions. If you have obtained a Subscription, you can find yourself in the situation that your Subscription has not reached its end date at the time that the modifications or revisions of the Terms were published on the Website. In such a case you can demand that the Terms, which were applicable at the time of activation of your Subscription, will remain in force until your Subscription has reached its end date. You can review the most current version of the Terms at any time via http://www.SmartGamesUSA.com/terms-use.
8. Other terms
The failure of SMART to exercise or enforce any right or provision of the present Terms shall not constitute a waiver of such right or provision. SMART may transfer its rights and obligations arising from agreement to third parties. In such case, SMART shall notify you in writing. In case that one or more aspects of the present Terms, in whole or in part, are or seem to be unenforceable, this does not affect the validity and enforceability of the remaining provisions. In case of a conflict between the present Terms and potential special conditions for certain services provided through the Service, those special conditions shall prevail. In case of a conflict between the present Terms and any compulsory clause of the laws of your country of origin, you will refrain from any action which is contrary to the compulsory clauses in question. You will safeguard SMART from any liability on this matter.
9. Applicable law and competent court
The present Terms are governed by Belgian Law. Parties agree that, in case of any dispute related to the Service (including but not limited to the present Terms), only the courts of Antwerp are competent. These Terms were last modified on 23 May 2018.