Smart Circle takes reasonable steps to protect the security and integrity of all personally identifiable information you provide to this Website; however, due to the inherent nature of the Internet, Smart Circle cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Smart Circle assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information or material on this Website. Smart Circle is not responsible for any problems, failure or technical malfunction of any products, services, telephone network or lines, computer online systems, servers or Internet providers, computer equipment, software or email due to technical problems or traffic congestion on the Internet or on this Website, or a combination thereof, including any injury or damage to customers, visitors or users or to any person’s computer related to or resulting from use of this Website or downloading materials. We make no warranties that this Website or the services or products or information thereon will be timely, secure, uninterrupted, or error-free. You understand that if you use the Website or download any material, you do so at your sole risk. Under no circumstances shall Smart Circle be responsible for any loss or damage, including personal injury or death, resulting from use of this Website, any products, services or content transferred or posted on or through this Website, or conduct of any visitors or users of this Website, whether online or offline. Smart Circle can, whenever it wants, edit or delete any material or content displayed on this Website. You use the Website at your own risk. Some areas of this Website may offer information, from a variety of providers or third parties, who may be affiliated with Smart Circle; such advice is for entertainment only and not as advice or information for an individual circumstance.
IN NO EVENT SHALL SMART CIRCLE, OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS AND SERVICES PROVIDED HEREIN, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, PRODUCTS AND SERVICES CONTAINED IN THIS WEB SITE.
Ownership, Copyright and Trademarks
This Website and all materials available on the Website, including without limitation text, data and images, audio and video clips, databases, and ratings (collectively, the “Content“) are owned or controlled by Smart Circle or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Content available via the Website, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of Smart Circle.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Smart Circle or its employees, licensors, independent contractors, providers and affiliates without the prior written permission of Smart Circle. In addition, you may not use our trademarks:
- (a) in, as, or as part of, your own trademarks or those of any third parties;
- (b) to identify products or services that are not those of Smart Circle;
- (c) in a manner likely to cause confusion; or
- (d) in a manner that implies that Smart Circle sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Limited Use License
You may not attempt to circumvent technical protection measures in the Website, reverse engineer, decompile, disassemble or translate any portion of the Website or the Content or in any way attempt to reconstruct or discover any source code of the Website by any means whatsoever. Any unauthorized use of any Content or the Website for any purpose is strictly prohibited.
Site and Content Use Restrictions
Smart Circle may make available to users of the Website e-mail communications and notices, user product reviews and ratings, or other interactive communication facilities by means of the Website (such facilities collectively referred to herein as the “Communication Facilities“). You are solely responsible for the content of any transmissions you make to the Website or through any of the Communication Facilities (the “Communications“). Smart Circle does not endorse or accept any Communications as their own or representative of their views.
Non-U.S. Visitors and Users of this Website
If you are located outside of the United States, please note that the information you provide to Smart Circle and this Website will be transferred to the United States. By using this Website, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this Website in the federal and state courts of, and in accordance with the laws of, the State of California, USA.
Smart Circle makes no representation that the Website is appropriate or available for use outside of the United States. If you use the Website from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Any application of the Convention on Contracts for the International Sale of Goods is hereby disclaimed to the fullest extent possible.
If you believe your copyright has been infringed, you may provide Smart Circle with notice by sending an e-mail to [email protected] or by sending a written notice to Smart Circle International, LLC, 4490 Von Karman, Newport Beach, CA 92660, Attention: Legal Department. To be effective, the notification must be in writing (e-mail is sufficient). Smart Circle may give notice to our affiliates, third parties, visitors and users that we have received a notice of infringement by means of a general notice on this Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records.
We reserve the right to terminate access to this Website to anyone who infringes the proprietary rights of any third party.
Linking to Our Website
You are not permitted to link to the Website without our prior written permission and you must adhere to the following requirements: (i) the link to this Website must not damage, disparage, present false information about or tarnish the goodwill of Smart Circle or that associated with any of our trademarks, products, services and/or intellectual property; (ii) the link to this Website must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) you may not “frame” this Website or create a browser environment around any of the Content; (iv) you may not link to password protected parts of the Website, if any; and (v) you may not link to this Website from a website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Links to Other Websites
If there is any dispute about or involving this Website, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, County of Orange.
You represent and warrant to Smart Circle that you are an adult, at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. By using the Website, you represent and warrant: (a) that you have not been previously suspended or removed from the Website by Smart Circle; and (b) that your use of the Website is in compliance with any and all applicable laws and regulations.
Smart Circle has the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. Smart Circle may also impose limits on certain features and services or restrict your access to any portion of or the entire Website without notice or liability.