Terms of Use

 

Last updated: October, 2017.

This Terms of Use (“Terms of Use”) apply to Smart International website located at www.smart3d.tech (“Site”). The Site is property of Smart International, Inc.

The terms “Smart”, “we” and “our” as used in these Terms of Use refer to Smart International, Inc.

Your access to and use of the services provided by our Site is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Site.

By accessing or using the Site, you agree to be bound by these Terms of Use and our Privacy Policy. If you disagree with any part of the Terms of Use or our Privacy policy, then you should stop visiting and using this Site.

We may amend, change, modify, add or remove portions of these Terms of Use at our sole discretion, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Smart grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.  

Copyright 

Unless otherwise noted, all materials such as logos, brand names, images, designs, photographs, video clips, user interfaces, computer code, written and other materials (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, that appear as part of our Site are copyrights and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by or to Smart International. Our Site as a whole is protected by copyright and trade dress. Nothing on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Site, without prior written permission of the Intellectual Property owner. The names and logos of Smart International and Kodak, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without our prior written permission. Fair use of our Intellectual Property requires proper acknowledgment. Other materials displayed in our Site may be the Intellectual Property of their respective owners.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Smart International or others.

Content Disclaimer 

Postings on our Site are made at such times as we determine in our discretion. We may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Smart International make no commitment to update the materials on the Site with respect to such products and services. You should not assume that the information contained on our Site has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

Any policies posted on the Site may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Smart International immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Smart International or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Smart International cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. You can review our Privacy Policy here. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Third-Party Websites 

Our Site may contain links to third-party websites or services owned or controlled by parties other than Smart International. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Indemnification

You agree to defend, indemnify and hold Smart International harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Site or any contracts orsServices you purchase through it.

Disclaimers

SMART INTERNATIONAL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SMART INTERNATIONAL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SMART INTERNATIONAL SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMART INTERNATIONAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMART FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Smart reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Governing Law

You agree that these terms of use are governed by the laws of the   United States of America and the laws of the State of Delaware and apply to all  matters relating to your access to or use of the Site   .  You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware, and waive any objection to such jurisdiction or venue.    Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  

The information contained in this web site is subject to change without notice.