Badpuppy Enterprises, Inc. (BEI) provides Smaq.com, the SMAQ App and related services subject to your compliance with the terms and conditions set forth below. Please read the following information carefully:
This agreement represents the complete agreement and understanding between Badpuppy Enterprises, Inc., (hereinafter "BEI" or "the Company"), its affiliates, successors and assigns, and you the BEI account holder (hereinafter called User) for your use and enjoyment of Smaq.com, (hereinafter "BEI"), and all of the content as may be contained thereunder, and supersedes any other written or oral agreement. Upon notice the Terms of Service are published on-line at http://Smaq.com. BEI may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue, change or replace services offered at their discretion.
You acknowledge that BEI contains information, software, images, audio and video clips, graphics, and other media (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of BEI or third parties. All Content on BEI is copyrighted (excluding user-uploaded content, such as user uploaded content found on profile pages) as a collective work of BEI pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through BEI. Users of BEI may use the Content only for their personal, noncommercial use.
Trademark Notice - "Badpuppy Enterprises, Inc. ", "Smaq.com" and BEI logos are trademarks and service marks of BEI. All other trademarks, service marks and logos used in BEI are the trademarks, service marks or logos of their respective owners.
If you do not agree to these terms and conditions, please notify us by emailing firstname.lastname@example.org for account termination. Failure to notify BEI shall constitute your approval.
- All individuals accessing BEI interactive areas represent to BEI that they are 18 years of age or older. Certain material available on the internet through BEI may not be suitable for individuals under the age of 18. It is absolutely prohibited for any user or entity to transmit the images of anyone under 18 years of age through or on BEI, and such conduct will result in immediate termination of your account without refund.
- User understands further that the internet contains information, software, photographs, audio and video clips, graphics, and other material (collectively, the "Content") some of which may be offensive to you. You access such materials at your own risk. BEI has no control over and accepts no responsibility whatsoever for such materials.
- Information transmitted through BEI and the Internet in general is not confidential. Therefore, BEI cannot and will not guarantee privacy or guarantee protection of any user. The Company reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company, or in order to comply with the law. The Company will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel.
- Warranty Disclaimer. BEI exercises no control whatsoever over the content of the information on its website other than that provided by The Company. Use of any information obtained via BEI is at your own risk. Neither BEI nor any of its licensors, employees or agents warrants that BEI will be uninterrupted or error free; nor does BEI or its licensors, employees or agents make any warranty as to the results to be obtained from use of BEI.
- BEI, including any content or information contained within it or any site-related service, is provided "as is" with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of BEI and site-related services.
- BEI, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to BEI, site-related services and/or content or information contained within BEI. Your sole remedy for dissatisfaction with BEI and/or site-related services is to stop using BEI and/or those services.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of BEI, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
- Although BEI attempts to ensure the integrity and accurateness of BEI, it makes no guarantees whatsoever as to the correctness or accuracy of BEI. It is possible that BEI could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to BEI by third parties. In the event that an inaccuracy arises, please inform BEI so that it can be corrected.
- User agrees to indemnify and hold without harm BEI, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized.
- BEI's Internet connections and all other services provided to the user by BEI may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any U.S. or state regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, child pornography, or material protected as a trade secret. User agrees to indemnify and hold harmless BEI from any claims resulting from your use of BEI which damages you or another party.
- The right to use BEI is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil or criminal law.
- BEI's services should not be used to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. BEI DOES NOT ALLOW users to run Maillist, Listserv or any form of auto-responder from a users shell. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and BEI will not be tolerated. When BEI becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, BEI may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of BEI following payment of a reconnection charge.
- Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.
- Payment Terms:
Payment will be made at a minimum of $49.95 per month. This amount may be billed to one of the major credit card accepted by BEI, Check or Money Order. Options for 3, 6 and 12 month options are available.
- Refund Policy:
A full refund will be provided if a refund request is received within 3 days / 36 hours of the initial purchase.
- Linked Internet Sites. BEI is not responsible for the content available on any other Internet sites linked to BEI. Access to any other Internet sites linked to BEI is at the User’s own risk.
- Postings. BEI is under no obligation to review any messages, information or content ("Postings") posted on BEI by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, BEI may from time to time monitor the Postings on BEI and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of BEI purporting to speak on behalf of BEI.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind
- Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of BEI is restricted to authorized users only. Unauthorized individuals attempting to access these areas of BEI may be subject to prosecution.
- User Submitted Content:
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. For each User Submission, you warrant that (i) you own all necessary licenses, rights, consents, and permissions to use and authorize BEI to utilize the User Submissions in the manner contemplated by BEI and these Terms of Service, including without limitation patent, copyright, and trademark rights; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness in the manner contemplated by the Website and these Terms of Service. While BEI does not get ownership of your submission as a result of this agreement, by submitting the User Submissions to BEI, you hereby grant BEI a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with BEI and BEI's (and its successor's) business, including without limitation for promoting and redistributing part or all of BEI (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of BEI a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you delete a User Submission from BEI.
- You agree not to upload any content that: (i) that violates any trademark or patent; (ii) is slanderous, libelous, or contains falsehoods; (iii) violates copyright laws; (iv) that is illegal, obscene in any jurisdiction; (v) that misrepresents its origin or creator.
- You understand that when using BEI, you will be exposed to User Submissions that BEI did not create. BEI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BEI with respect thereto, and agree to indemnify and hold BEI, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site
- BEI permits you to link to materials on the Website for personal, non-commercial purposes only. You may embed a direct link to videos on BEI only if you include a prominent link back to the BEI website on the pages containing the embedded direct link.
Government End Users. If this SMAQ App is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the SMAQ App by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
Export Control. The SMAQ App originates in the United States, and is subject to United States export laws and regulations. The SMAQ App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the SMAQ App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the SMAQ App and the SMAQ Services.
- Miscellaneous. This Agreement is entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Brevard, in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of BEI shall continue in force even in the event of termination of these Terms and Conditions on other grounds. BEI's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions. The duties and obligations contained herein will survive any termination hereof.
- Entire Agreement/Modification. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. BEI may modify the terms of this Agreement by posting notice of such modification on a page of BEI entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
- By the use of a BEI account the User accepts the terms and conditions set forth in this agreement.
- These Terms and Conditions were last changed August 1, 2016.