Effective Date: September 30, 2020
1. We Reserve the Right to Update and Revise These Terms at Any Time
Things happen quickly, both inside and outside of SMS, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to or use of the Site thereafter.
By using the Site following the posting of revised Terms, you accept and agree to be bound and abide by the revised Terms. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Site. Your use of the Site means you represent and warrant that you meet all eligibility requirements we outline in these Terms.
3. Intellectual Property
All of the content that appears on the Site, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Site, and other materials, are the exclusive property of SMS and are protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall “look and feel” of the Site, (collectively the “Marks”) are proprietary to SMS. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Site, please contact us at email@example.com.
4. Right to Use the Site
Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Site solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Site as provided by us, in the manner we permit through these Terms.
5. Restrictions on Your Use of the Site
Your right to use the Site is limited and you are prohibited from doing any of the following:
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.
- resell or make any commercial use of the Site or any of the content.
- modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Site content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser.
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Site content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
- use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Site or to collect any information from the Site or any user of the Site.
- harvest or scrape any content from the Site, or using other automated or manual means to take our content without our prior consent.
- bypass, circumvent, or attempt to bypass or circumvent any feature of the Site or any measures we may use to prevent or restrict access to the Site, including other accounts, computer systems or networks connected to the Site.
- run any form of auto-responder or “spam” on the Site.
a. User Content
We want to hear from you. Occasionally, you may see areas on the Site where you can post information or communicate with us or other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections or similar communications facilities.
“User Content” is any public communications or any other material you submit, distribute, transmit, or post to SMS (through the Site; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores).
When you submit, distribute, transmit, or post User Content, you give us full right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for SMS to use your User Content to provide, promote, and improve the Site. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.
In addition to giving SMS a license, you also give each user of the Site an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Site and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
b. Representations About Your User Content
When you submit User Content, you represent and warrant that:
- you hold all necessary right, title, and license to such materials (in other words, you own it or have the right to give it to us).
- your submission of such materials to SMS does not and, when used by SMS as authorized under these Terms, will not violate or infringe the rights of any third-parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission).
- all User Content you provide is accurate, complete, up-to-date, and not misleading (you’re not lying).
In addition, any User Content must not:
- include any profanity or obscene, indecent, or pornographic material.
- contain any unauthorized or unsolicited advertising, such as spam.
- contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party.
- impersonate any person or entity.
- include anyone’s identification documents or sensitive financial information.
c. Private vs. Non-private Content
d. A Note About Third-Party Content and User Content
You may see a lot of content on the Site, some of which will come from other users or sources outside of SMS. All content, including User Content and third-party content, is the responsibility of the party that creates it. SMS does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create. We may provide links to third-party sites or resources, but these links do not mean we endorse or have any associations with the third parties. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.
We may review content on the Site, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Site, including User Content, without notice or further obligation to you.
We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Site. SMS will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Site, regardless of whether SMS or another party provides it.
7. Copyright Policy
Just as we ask you to respect our intellectual property rights, we respect your rights and the rights of others, and we expect all our users to do the same. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights.
If you believe someone has posted on the Site a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following information to our Designated Agent (whose contact information is below):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- identification of works or materials being infringed.
- identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.
- your contact information, including address, telephone number and, if available, e-mail address.
- a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law.
- a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Please contact us at firstname.lastname@example.org for additional information.
8. Online Purchases
9. WARRANTY DISCLAIMER
a. By using the Site, you understand and agree that we have no control over, and no duty to take any action regarding:
- which users access the Site.
- what content you access via the Site.
- what effects the content may have on you.
- how you may interpret or use the content.
- what actions you may take as a result of your exposure to the content.
b. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
c. THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY SMS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, SMS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMS OR ANYONE REPRESENTING SMS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR SMS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your license to use the Site or block or prevent your access to the Site, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
12. Consent to Electronic Communications
These Terms are governed by and must be construed in accordance with the internal laws of the State of California, without regard to any conflicts of laws principles. You and SMS hereby submit to the exclusive jurisdiction of the Superior Court of the State of California in and for the County of Los Angeles. In the event of any suit or action to construe these Terms, the prevailing party in such action will, in addition to any and all other rights or remedies to which such party may be entitled, be awarded all costs and expenses incurred in such action, including attorneys’ fees. As used in these Terms, the terms “includes” or “including” are terms of enlargement and must not be construed to imply any limitation. The unenforceability, invalidity or illegality of any provision of these Terms and Conditions will not render the other provisions unenforceable, invalid or illegal. The section headings contained in these Terms and Conditions are inserted for convenience only and do not affect in any way the meaning or interpretation of these Terms and Conditions.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.