DISCLAIMER OF WARRANTY
1. You expressly agree that use of our services or any of our materials is at your own and sole risk.
2. Our services are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
3. We make no representations or warranties that our services or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does SMV Host make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of our services or any of the materials contained therein.
4. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
5. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. SMV Host does not assume any responsibility or risk for your use of the internet.
6. We make no warranty regarding any goods or services purchased or obtained through our services or any transaction entered into through us and are not responsible for any use of confidential or private information by sellers or third parties.
7. We may change any of the information found on SMV Host at any time without notice including the terms of service without notice. We make no commitment to update the information found on our servers or in our services. We make no commitment to update the materials.
8.The warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
DISCLAIMER
1.The provision of any services which is in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use our services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise should you violate any law.
2.You do also hereby agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with us.
LIMITATION OF LIABILITY
1. In no event shall we (or our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use our services or any of the materials contained therein, even if we have been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if we have been advised of the possibility of such damages.
2. In no event shall our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of our services for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNITY
You agree to defend, indemnify, and hold harmless, SMV Host and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use our services or any of the Materials contained therein, or your breach of any of these Terms and Conditions. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
LINKS AND LINKING
1. Some websites which are linked to us are owned and operated by third parties. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
2. You further acknowledge and agree that 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 third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
3.Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by our Terms and Conditions, Spam Policy, Webmaster Agreement, or Privacy Policy, which are incorporated by reference.
4. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by us of such websites or the content, products, advertising or other materials presented on our servers, but are for user\'s convenience.
5. Users access them at their own risk. We expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through our services. We expressly disclaims any liability derived from the use and/or viewing of any links that may appear in our services.
6. All users do hereby agree to hold SMV Host harmless from any and all damages and liability that may result from the use of links that may appear on our servers. We reserve the right to terminate any link or linking program at anytime.
TRADEMARK INFORMATION
1. SMV Host is a protected service mark and/or trademarks. The terms “SMV Host” and “sMv GaMinG” are considered to be our trademarks. We aggressively defend our intellectual property rights and we will aggressively pursue anyone who infringes on our trademarks.
2. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
3. Our marks, logos, domains, and trademarks may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
COPYRIGHT INFORMATION
1. The Materials accessible from our servers, and any other World Wide Web Site owned, operated, licensed, or controlled by us, is our proprietary information and valuable intellectual property. Any copyright infringement will not be tolerated.
2. Our Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of us, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
3. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights.
4. Neither title nor intellectual property rights are transferred to you by the use of our services.
5. All of our Materials, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software is the property of SMV Host or its content suppliers and is protected by Indian and international copyright laws. The compilation of all of our Materials is the exclusive property of SMV Host or its content suppliers and protected by Indian and international copyright laws, as well as other laws and regulations.
NOTICE OF CLAIMED INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. Description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
6. You may send your Notice of Claimed Infringement to:support@smvhost.in
Please do not sent other inquires or information to our Designated Agent.
NOTICE AND TAKEDOWN PROCEDURES
We implement the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement
1. We reserve the right at any time to disable access to, or remove any material or activity accessible on or from our services or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
2. It is SMV Host firm policy to terminate the accounts of copyright infringers, when appropriate, and we will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). Our DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying the sites that are infringing according to §512 of the DMCA, we shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements.
3. When the Designated Agent receives a valid notice, we will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
4. We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
EXPORT CONTROL
1. You understand and acknowledge that the software elements of the Materials on our servers may be subject to regulation by agencies of the Indian Government, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to India's or international law is prohibited.
2. You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
3. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations.
4. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
NO AGENCY RELATIONSHIP
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
NOTICE
1. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on our servers, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
2. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
3. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices mailed by Speed Post, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient\'s business hours, or 9:00 a.m. (recipient\'s time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
4. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
COMMUNICATIONS NOT PRIVATE
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Visitors should not use our services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered onto our servers can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
FORCE MAJEURE
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay our performance.
GENERAL PROVISIONS
1. Governing Law. These Terms and Conditions and all matters arising out of, or otherwise relating to, these Terms and Conditions shall be governed by the laws of the State of Florida , excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida . Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Orange County , Florida .
2.Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Binding Arbitration. If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Orange County , Florida , and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
3. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
4.Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
5. Attorney’s Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
6. No Waiver. No waiver produced shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
7. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
8.Complete Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of our services and the Materials contained therein, and your membership with us, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
9. Modifications. We reserve the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit SMV Host or you specifically waive your right to do so. Your continued use of our services following our posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by us in writing, these Terms and Conditions may not be amended by you.
10. Government Rights. The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs , the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense . You further agree not to upload to our servers any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
11. Other Jurisdictions. We make no representation that our services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access our services from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.
