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
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
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: email@example.com.
To be effective, the Notification must include the following:
Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered.Miscellaneous
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.