TERMS OF USE


ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS WEB SITE.

Contents

The web site www.smarttouchmedia.com and all contents and information available therein are copyrighted in the name of SmartTouch Media, Inc. and the same may not be copied, reproduced, republished, broadcasted, circulated, downloaded, uploaded, posted, transmitted, distributed, or used without our prior written consent of SmartTouch Media, Inc. The copyright secured hereunder extends to text and graphics, arrangement and presentation of all materials, and the overall design of the web site.

License

SmartTouch Media, Inc. authorizes you to view and download the materials, contents available on the web site only for your personal, non-commercial use, provided that you retain and not modify the content contained on this web site and keep intact all copyright, trademark and other proprietary notices.

Prohibited use

You are not authorized to do any act which may amount to breach of these Terms of Use or abuse or misuse of any services or make any negative comments which might defame, denigrate or disparage SmartTouch Media, Inc. or the web site. You may not upload, publish, exchange, transfer, submit, any information on the web site which is false, misleading, or promotes illegal activities or any conduct which is abusive, threatening, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual that infringes or violates any third party’s intellectual property rights or the Terms or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the software or hardware of any computer or telecommunications equipment.

Third party links

The web site may contain certain links to other third party web sites. Such third party links include from advertisers, site sponsors and partners. We provide such links for informational purposes and convenience only. These links to the third party web sites may take you outside of the web site. We do not control and are not responsible for such third party links.

Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEB SITE AT YOUR SOLE RISK. ALL MATERIALS, CONTENTS AND SERVICES ARE PROVIDED ON AN "AS IS," BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SmartTouch Media, Inc. HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Waiver and release

YOU HEREBY EXPRESSLY AGREE THAT NEITHER SmartTouch Media, Inc. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEB SITE, OR THE SERVICE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SmartTouch Media, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF SmartTouch Media, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB SITE, OR THE SERVICE.

Limitation of liability

IN NO EVENT WILL SmartTouch Media, Inc. BE LIABLE TO YOU OR ANY PARTY CLAIMING ON BEHALF OF YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS WEB SITE, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES. IN NO EVENT WILL SmartTouch Media's, Inc. LIABILITY IN CONNECTION WITH YOUR USE OF WEB SITE, ITS CONTENT, OR ANY SERVICE EXCEED $1000.

Unlawful or prohibited use

You may not use this web site for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this web site. You may not use this web site in any manner that could damage, disable, overburden, or impair this web site, or that interferes with any other party's use and enjoyment of this web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by SmartTouch Media, Inc. to all users of this web site.

Indemnification

You hereby agree to indemnify and hold harmless SmartTouch Media, Inc., its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use.

Notice and procedure for making claims of copyright infringement

If you believe that any content, or other material provided through the SmartTouch Media, Inc. services, including through a link, infringes your copyright, you should notify SmartTouch Media, Inc. of your infringement claim in accordance with the procedure set forth below.

A written notification ("Notification") of claimed copyright infringement must be submitted to the Copyright Agent of SmartTouch Media, Inc. to the following e-mail: info@smarttouchmedia.com.

To be effective, the Notification must include the following:

Emails sent to info@smarttouchmedia.com for purposes other than communication about copyright infringement may not be answered.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation. If you are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to these Terms of Use shall be finally resolved through arbitration in accordance with the arbitration rules and legal procedures of the Russian Federation. Judgment of the Arbitration Court of Novosibirsk, the Russian Federation is final and obligatory for execution by both parties. If you are an individual person, the Soviet District Court of Novosibirsk, the Russian Federation, shall have jurisdiction over all disputes relating to these Terms of Use.

You agree to indemnify, hold harmless, and defend SmartTouch Media, Inc. from and against any claims, liabilities, losses, actions, damages and/or lawsuits, including any attorneys’ fees that may arise from or relate to the use of and/or reliance on the web site.

If any part of these Terms of Use is determined to be void and unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

SmartTouch Media, Inc. may make changes to these Terms of Use unilaterally without notice. You are liable for regular reviewing of updated Terms of Use. Effective updated Terms of Use are published on the official site of www.smarttouchmedia.com.