Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions are applicable to the use of this website (the “Website”), regardless of how You accessed it. “You” or any derivation thereof, as used herein refers to a user of this Website. “We” or “Our” or “Us”, when used herein, refers to Smashing Empire, LLC. and its affiliates, as applicable. If You do not wish to be bound by these Terms and Conditions, do not continue to use or access this Website. Your continued use of this Website constitutes Your binding acceptance of these Terms and Conditions, including any changes or modifications made hereafter. The updated, on-line version of these Terms and Conditions shall supersede any prior version.
Intellectual Property Rights
The names, logos and marks appearing on this Website are the property of Smashing Empire, LLC, or its other affiliates. You are not authorized to use any name or mark in any advertising, publicity, or in any other commercial manner without Our written consent. All rights in and to the website belong to Smashing Empire, LLC. The website and its content are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to U.S. copyright law, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute or otherwise exploit any of the Website's protected content without Our prior written consent.
Limitation of Liability, Waivers, Disclaimers, Other Limitations and Restrictions
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THE WEBSITE IS OFFERED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SECURITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES ARE DISCLAIMED. WE SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION, INABILITY TO OPERATE OR MALFUNCTION OF THE WEBSITE, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You waive any claim against Us based upon the quality or availability of the Website, regardless of cause.
You acknowledge that any network communication or activity involves resources beyond Our control, including, without limitation, e-mail, file transfers, and information gathering, and is subject to risks inherent to the internet and to electronic communications generally. We make no representation that any data sent to or from, or residing at the Website are safe from destruction, corruption, misdirection, or service interruption.
You agree that We shall not be liable for failure to provide services or access to this Website during any period and for any reason.
You are solely responsible for any information You provide Us through Your use of this Website, and You agree that information You provide will be accurate and will not a) infringe any third party's copyright, trademark or other proprietary rights of publicity or privacy; nor b) be defamatory, libelous, otherwise threatening or harassing, or otherwise violate any applicable law or regulation. You may not use the website to conduct any illegal business or activity.
Information you provide to the Website may be lost or destroyed, or may be edited or removed from the Website by Us. We are not responsible for the loss of such information. You should retain copies of all important information you provide to the Website.
You are responsible for keeping any login information confidential. You agree that We are authorized to act on instructions given under Your password or identification, even if You did not consent to the transaction submitted.
You (the “Indemnifying Party”) shall defend, indemnify and hold harmless Smashing Empire, LLC and its partners, employees, parent, affiliates, directors, officers and agents (the “Indemnified Parties”) against all claims, losses, damages, actions, arbitrations, demands, suits, expenses, costs and liabilities (including reasonable attorney’s fees) brought against the Indemnified Parties arising out of the negligent acts, omissions, or willful misconduct of the Indemnifying Party pursuant to this Agreement.
In the conduct of Your business and in the performance of Your obligations hereunder, You shall comply with, and shall take reasonable steps to ensure Your agents comply with all applicable laws.
These Terms and Conditions may not be amended or assigned without the prior written approval of Smashing Empire, LLC. These Terms and Conditions constitute the entire agreement between You and Smashing Empire, LLC as to use of the Website.
No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term. No waiver of any term shall be effective absent expressed written consent by Our authorized representative.
We reserve the right to access and disclose any information necessary to comply with applicable laws and lawful government requests, to operate Our systems properly, or to protect Us from harm or liability.
The headings of the sections and subsections herein are inserted for convenience only and shall have no effect on the construction, interpretation or meaning of these Terms and Conditions.
These Terms and Conditions shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. If any provision should be invalid under applicable laws, such provision shall be ineffective to the extent of such conflict without affecting the remaining provisions.